It seems that as each year passes, we are unable to recall some memories
from early childhood that we still remembered just last year. Memories
once so strong simply fade away with time. Such is a normal part of life
that we all must accept.
Not only does memory fade with time, but so too do physical items. Pictures
taken with friends and family decades ago look much different today. The
lines of the photo are not so crisp, the white border has turned a light
yellowish color, and the once vivid colors are now muted.
Father Time has his way with all things, tangible and intangible, living or not.
Experienced Poughkeepsie wrongful death attorneys know this and understand how these truths apply to civil litigation and
statutes of limitations in New York State.
Statutes of limitations are founded in the truths above. These laws give
potential plaintiffs a time period within which their suit must begin.
Starting a lawsuit beyond the proscribed period can be fatal to a plaintiff’s claim.
These statutes were not necessarily enacted as a way to restrict the ability
for plaintiffs to sue their wrongdoer. Rather, they are made in practicality.
As you might guess from the above, the evidence used in the case, whether
it is witness testimony or physical evidence, starts to decay over time.
So too would any exonerating evidence that the defendant might have had.
In addition, potential defendants should not have to live with the potential
of being sued ten, twenty, thirty or so years after something wrong was
done. Such is not reasonable. For example, no person would ever anticipate
being sued for a negligent act committed twenty years in the past. Quite
frankly, if the suit was so important to the plaintiff, than why would
they wait so long?
New York legislators have proscribed various time periods for various acts
within which a plaintiff can no longer sue. Negligence has a three-year
statute of limitations, medical malpractice has a two and a half year statute of limitations,
and foreign object medical malpractice has a one-year statute of limitations
period measured from the date the object was discovered or should have
The statute of limitations in New York wrongful death cases is two years.
The clock starts to tick at the moment the victim dies. This does not
mean that a trial has to start within two years. Rather, the suit has
to commence no longer than two years from the date of death. As long as
the paperwork is filed with the court by that time, the limitations period
will be satisfied.
With that said, some exceptions may apply so talking to your experienced
attorney will be a smart course of action.
Learn more about wrongful death cases in New York in
our latest article posted here. Read more about wrongful death cases and who can file a claim in New York in
our recent blog posted here. Learn more about important overview points of wrongful death cases in
New York in
our blog posted here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.