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In New York, wrongful death lawsuits must be filed within two years of the date of the decedent's death. A statute of limitations restricts the amount of time a person has to file a lawsuit.
What is The Relation-Back Doctrine? Under the relation-back doctrine, new parties may be joined as defendants in a previously commenced action, after the statute of limitations has expired on the claims against them.
What is Relation Back? The concept that an act done at a later time is legally deemed to have occurred at an earlier time. For example, a duly authorized amended complaint will relate back to the date of filing of the original for statute of limitations purposes.
This portion of the rule is the source of the famous ?relation-back? doctrine that magically allows an amendment to relate back to the time of an original filing, and therefore satisfy an applicable statute of limitations.
CPLR 203(f), New York's principal ?relation back? statute, provides some relief on this front by permitting a party to add an untimely claim in an amended pleading, which can be deemed to relate back to the original pleading for statute of limitations purposes in certain circumstances.
Amended Complaint Rules Each party is permitted to amend its pleading once without leave of court, provided such amendment is made within twenty days after service, or any time before the response period expires, or within twenty days after a response has been served.
The most common damages awarded in New York wrongful death lawsuits are related to: Medical expenses required to treat the victim. The costs of the funeral, cremation or burial. Lost wages the victim was earning and would have been able to earn in the future.