Posted on 02/02/26
How long does someone have to file a wrongful death claim in New York? In New York, the time limit to file a wrongful death claim is ordinarily two years. Some procedural exceptions exist. For example, if a government entity is involved, you must file a Notice of Claim within 90 days.
Some Buffalo, NY injury claims are subject to “tolling,” situations in which the countdown is stopped for specific reasons. However, this is rare in wrongful death cases. The two-year deadline generally applies.
The Statute of Limitations for Wrongful Death Claims Explained
Legal deadlines for taking action against at-fault parties are termed “statutes of limitations.” Under normal circumstances, they mean that you lose the right to claim or sue if you fail to act within the prescribed time limit.
The New York Courts website offers a chart showing the statutes of limitations that apply to various types of cases. In wrongful death accident cases, the countdown begins on the day a person passes away.
It is important to avoid confusing wrongful death claims with other types of lawsuits. For example, in product liability claims, the time limit is usually 3 years. However, if the claim is for wrongful death due to a faulty product, the 2-year deadline still stands.
Time Frame For Taking Action Against a Government Entity
Different laws apply depending on whether the government premises are state-owned or owned by the federal government. In either instance, wrongful death claims are still possible. However, the timeline is much shorter than in civil cases, and the process differs.
In cases against New York municipalities, your attorney must file a formal Notice of Claim within just 90 days. This notice preserves the right to sue if the government agency fails to resolve the matter satisfactorily. In that case, your wrongful death attorney may proceed with a lawsuit. In all instances, strict time limits and adherence to procedures apply.
Who May File a Wrongful Death Claim in New York?
Only the personal representative of the deceased may file a wrongful death claim on behalf of beneficiaries. If the person has a will, the personal representative is the person the deceased appoints as their executor. If the deceased does not have a will, an administrator, usually their next-of-kin, is appointed.
A personal representative or administrator does not have to handle a wrongful death claim on their own. They may appoint an attorney to represent them. If they are reluctant to file a wrongful death claim, even when one seems justified, family members may take legal action to remove the representative.
Get Compassionate Legal Advice After The Wrongful Death of a Loved One in New York
We understand that a wrongful death claim may be the last thing on your mind at a time when you are grieving the loss of a loved one. However, a lawyer can handle the process on your behalf, including claims, any lawsuits that follow, and compliance with deadlines.
If you require advice on a wrongful death case in New York, contact Towey Law PLLC. A free consultation with our wrongful death attorney in Buffalo helps you to understand your options and make informed decisions. Call us today.