Most wrongful death suits are brought as a result of negligence, and as is seen with all negligence suits, it will fall on your lawyer or attorney to prove that that the negligent person had a responsibility to act in a certain way, failed and in doing so, failed to fulfill the duty promised in a responsible and lawful manner.(breach of duty), and such lack of duty and responsibility resulted in the death of the person in question - someone you love. A suit for wrongful death may be pursued by your lawyer when a person dies as the result of someone else's negligent, reckless or intentional act.

Regulations and rules regarding wrongful death suits and who can bring them are different in every state. As a general rule, you must be either the legal representative (a person who manages the estate or personal affairs of another because of incapacity or death), child, spouse, legal guardian or parent of the person killed. For example, if your friend is killed you cannot sue for wrongful death. If your husband, wife or child is killed your attorney will probably find that you have a good case. In most cases, the person suing for wrongful death can recover the value of lost monetary support. Some states allow certain close family members to recover for their own mental anguish caused by the death. Your attorney will know the fine points of these additional options..

In the state of New York, depending on the type of action being brought, most negligence cases require that a lawsuit be brought within 3 years of the date of the accident resulting in death. Medical malpractice, on the other hand, is much more complicated and difficult to prove. Your attorney will advise you to stay within the window of 2 to 2 1/2 years after the malpractice or treatment was to have taken place. On-going or continuing treatment for the same condition can affect the time limits but "on-going or continuing treatment" is subject to interpretation and does not include examinations undertaken at the patients request for the reason of determining the patient's condition. The statute of limitations has, in some instances, been extended for children up to 10 years. There is a limited "discovery" rule under some circumstances. An example of this would be something that might go undetected for some time and then cause serious complications resulting in death, such as the leaving of a medical instrument in a patient after surgery.

When you consult an attorney, It will be possilble for you to receive a complete and understandable explanation of these complex and confusing legal issues so that you may better make decisions about the course of action you need to take.