How Long Do You Have to File a Wrongful Death Lawsuit in New York?

Losing a loved one because of another person's negligence or wrongful conduct can leave a family facing grief, unanswered questions, and unexpected financial burdens. While pursuing a lawsuit may not be the first thing on your mind, New York law places strict deadlines on wrongful death claims.

In general, a wrongful death lawsuit in New York must be commenced within two years of the deceased person's death. This deadline is established by New York Estates, Powers and Trusts Law (EPTL) § 5-4.1.

Waiting too long could prevent your family from pursuing compensation, even when there may otherwise be grounds for a claim. If you believe negligence contributed to the death of someone you love, the Law Offices of John Gray can review the circumstances and help you understand the deadlines that may apply.

What Is the Statute of Limitations for Wrongful Death in New York?

A statute of limitations establishes how long someone has to commence a legal action.

Under current New York law, a wrongful death action generally must be commenced within two years from the date of death.

This distinction is important because the wrongful death deadline runs from the person's death rather than necessarily from the date of the accident or incident that ultimately caused the death.

For example, if someone is seriously injured in an accident but passes away from those injuries at a later date, determining the applicable legal deadlines requires careful attention to the facts and the claims being pursued.

Because missing a filing deadline can have serious consequences, families should not wait until the two-year period is approaching to speak with an attorney.

The Law Offices of John Gray helps New York families understand their rights after a wrongful death and can evaluate the deadlines applicable to an individual case.

Who Files a Wrongful Death Lawsuit in New York?

Another important part of the process is determining who has the legal authority to bring the lawsuit.

Under EPTL § 5-4.1, a New York wrongful death action is brought by the personal representative of the deceased person's estate.

This means a spouse, child, parent, or another family member does not necessarily commence the wrongful death action individually simply because they are a close relative. An executor or administrator may need to act as the personal representative.

The Law Offices of John Gray's existing guidance also explains this distinction for families considering a wrongful death claim.

If you are uncertain about who can take legal action after the death of a loved one, John "Jack" Gray can help you understand how the process may apply to your family's circumstances.

Are There Exceptions to the Two-Year Wrongful Death Deadline?

There can be circumstances that affect how legal deadlines are calculated, which is why families should avoid assuming that every wrongful death case follows an identical timeline.

One important provision involves criminal proceedings. New York law provides that when a criminal action has been commenced against the same defendant concerning the event giving rise to the wrongful death claim, the personal representative may have at least one year after termination of the criminal action to maintain the wrongful death action, even in certain circumstances where the ordinary period has expired or less than a year remains.

Other circumstances can also introduce additional procedural requirements or deadlines.

Rather than attempting to determine on your own whether an exception applies, contact the Law Offices of John Gray as soon as possible. The firm can review the facts, identify potentially applicable deadlines, and explain the legal options available to your family.

What If a Government Agency Is Involved in the Death?

Cases involving New York City, New York State, a municipality, public authority, or another governmental entity can present additional requirements and significantly shorter notice periods.

New York Courts' statute-of-limitations guidance notes that claims involving New York City and New York State can be subject to a 90-day notice requirement and other filing deadlines, depending on the type of claim and defendant.

This makes prompt legal guidance particularly important when a government entity may bear responsibility.

If you suspect a government agency, municipal employee, public vehicle, dangerous public property, or another governmental entity contributed to your loved one's death, contact the Law Offices of John Gray promptly. Waiting for the ordinary two-year wrongful death deadline could overlook another requirement that applies to the case.

Why Should You Contact a Wrongful Death Attorney Before the Deadline?

The statute of limitations is not the only reason to act quickly.

A wrongful death case can require substantial investigation. Depending on how the death occurred, an attorney may need to obtain and review:

• Accident or incident reports
• Photographs and video footage
• Medical records
• Witness statements
• Employment and financial records
• Insurance information
• Property or maintenance records
• Police reports and other official records

Evidence does not necessarily remain available indefinitely. Surveillance footage can be erased, physical conditions can change, documents can become more difficult to obtain, and witnesses' memories may fade.

Contacting the Law Offices of John Gray early can provide more time to investigate what happened, identify potentially responsible parties, and preserve evidence relevant to the claim.

What Types of Accidents Can Result in a Wrongful Death Claim?

A wrongful death claim may arise when a person's death was caused by a wrongful act, neglect, or default under circumstances in which the responsible party could have been liable to the deceased person had death not occurred.

Depending on the facts, wrongful death cases can potentially arise from incidents involving:

• Car accidents
• Truck accidents
• Pedestrian accidents
• Bicycle accidents
• Motorcycle accidents
• Unsafe property conditions
• Slip and fall or trip and fall accidents
• Workplace accidents
• Other negligent conduct

Every case is different. Establishing that someone died following an accident does not automatically establish wrongful death liability. The facts surrounding the death must be investigated to determine whether another party may be legally responsible.

The Law Offices of John Gray handles personal injury matters for New Yorkers and represents families dealing with the consequences of a wrongful loss.

What Compensation May Be Available in a New York Wrongful Death Case?

The damages available depend on the circumstances of the case and applicable New York law.

A wrongful death claim may involve financial losses suffered by the deceased person's distributees. Depending on the circumstances, recoverable damages can involve matters such as lost financial support, certain services the deceased would have provided, and qualifying expenses related to the death.

The specific damages available should be evaluated based on the facts rather than assuming every family can recover the same categories or amounts.

The Law Offices of John Gray can assess the financial consequences of your loved one's death and pursue compensation available under New York law.

What Happens If You Miss the Wrongful Death Statute of Limitations?

Missing a statute of limitations can jeopardize the ability to pursue a claim.

New York courts recognize the two-year limitations period applicable to wrongful death actions, and a claim commenced outside the applicable period can be time-barred.

That is why families should not use the two-year deadline as a reason to wait.

Starting earlier gives your attorney time to investigate the circumstances, determine who may be responsible, address estate-related issues, identify applicable insurance coverage, preserve evidence, and satisfy filing requirements.

Even if considerable time has already passed since your loved one's death, you should speak with an attorney rather than assuming it is too late. The facts of your case need to be evaluated before determining whether a claim remains available.

How Can the Law Offices of John Gray Help?

Dealing with a potential wrongful death case while grieving can be overwhelming. Families should be able to focus on one another without having to navigate complicated legal procedures alone.

Attorney John "Jack" Gray has more than 37 years of experience representing injured individuals in New York. The Law Offices of John Gray can evaluate the circumstances surrounding a loved one's death, investigate potential liability, identify relevant deadlines, and pursue available compensation from responsible parties.

The firm understands that a lawsuit cannot replace the person your family lost. A wrongful death claim can, however, provide a means of holding a responsible party accountable and pursuing financial recovery permitted under New York law.

Speak With the Law Offices of John Gray About a New York Wrongful Death Claim

If you believe your loved one's death resulted from another person's negligence or wrongful conduct, do not wait until the two-year statute of limitations is approaching.

The sooner your case is reviewed, the more time there may be to investigate what happened and protect your family's legal rights. Call the Law Offices of John Gray at 516-316-5511 for a free consultation. The firm's website confirms this number for scheduling consultations.

Contact the firm today to discuss what happened, learn which deadlines may apply, and understand the options available to your family.