In New York, you can wait just under two years after the day the deceased party died to file a wrongful death lawsuit. That said, you might have less time to take legal action if a government entity was involved in the incident.
Now, just because New York gives you 24 months to take legal action doesn’t mean you should wait that long to speak with a Bronx wrongful death lawyer. The sooner you contact an attorney, the more time they will have to work on your case.
Additionally, if you don’t call lawyers in a timely manner, they might not be able to take on your case due to time constraints. Furthermore, if you fail to take legal action before the statute of limitations expires, you could lose your right to pursue compensation entirely.
The Deadline Many Families Hear About First
In New York, the standard deadline to file a wrongful death lawsuit is two years from the date of death. This rule stems from New York Estates, Powers & Trusts Law § 5-4.1, which governs wrongful death claims statewide.
This two-year window sounds like plenty of time to take legal action at face value, but families are often surprised by how quickly it passes. The sooner you call an attorney, the sooner your lawyer can start working on your case.
It’s important to understand that once this statute of limitations expires, the courts will typically dismiss any efforts to pursue your case, no matter how strong your evidence is. This is why timing matters above all, and it’s important to contact attorneys right away.
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Why the Clock Starts at Death, Not the Accident
One detail that confuses many families is when the statute of limitations begins. In New York wrongful death cases, this timeframe usually goes into effect on the day the deceased party passed away, not the date of the accident or the injury that caused the death.
For example, if someone is injured in a serious crash, but afterwards, they survive for weeks—if not months—before passing away, the two-year statute of limitations does not start the day the crash takes place. It begins on the date the person died.
This distinction is very important, though it still means you should talk to an attorney as soon as possible. The last thing you want is to wait too long and end up losing the opportunity to pursue justice on your loved one’s behalf.
Who Is Legally Allowed to File the Claim?
Not everyone who is grieving has the legal right to file a wrongful death lawsuit. In the state of New York, the claim must be filed by the personal representative of the estate, meaning individual family members cannot directly file a wrongful death lawsuit in NY.
Here’s who this person usually is:
- Named in a will
- Appointed by the Surrogate’s Court if no will exists
If probate has not yet begun, that process must also happen before a lawsuit can be filed. This step alone can take time, especially when families are still gathering documents or resolving estate-related issues.
Waiting too long to appoint a personal representative can slowly but surely erode the two-year window of time that you are allocated. The sooner you complete this aspect of the process, the better.
What Happens When Probate Takes Longer Than Expected?
Delays in the Surrogate’s Court are common, and they often arise under these circumstances:
- There is no will
- Family members disagree
- Documents are missing or incomplete
- The estate is nuanced
Even though these delays are understandable, they do not automatically put a pause on the statute of limitations. The court system usually still expects families to move forward within the two-year window, regardless of internal estate issues.
This is one of the biggest reasons wrongful death cases get dismissed before they ever reach a courtroom.
What If the Family Didn’t Know There Was Negligence?
Some families don’t immediately realize that negligence played a role in their loved one’s death. This is especially common in workplace incidents, medical settings, or accidents involving multiple parties.
Unfortunately, New York does not broadly pause wrongful death deadlines simply because negligence wasn’t discovered right away. While limited exceptions may apply in rare circumstances, local courts are strict about the statute of limitations.
The Difference Between Wrongful Death and Survival Claims
New York recognizes both wrongful death claims and survival actions, the latter of which is designed to compensate for the pain and suffering that the deceased person experienced before dying.
Survival claims follow different statute of limitations rules. They are often tied to the original personal injury deadline rather than the date of death. These claims are frequently filed alongside wrongful death lawsuits, though they must be timed correctly.
Missing the deadline for one while meeting the deadline for the other can reduce the total amount of compensation that is available to your family.
Call Our Bronx Wrongful Death Law Firm ASAP to File a Wrongful Death Lawsuit in NY
After losing someone you love due to circumstances that constitute a wrongful death case, it’s important to contact lawyers as soon as possible. The longer you wait to secure legal counsel, the less time your attorneys will have to fight for justice for you and your loved one.
The Chaikin Trial Group Personal Injury Lawyers are the ones to call when you need to file a wrongful death lawsuit in NY. Our local law firm has a reputation for moving quickly, being honest, and refusing to let insurance companies take advantage of our clients.
With 50 years of combined experience on our side, we’ve recovered $100 million in compensation. If you are facing a wrongful death claim in New York, our advice can make all the difference. Come in as a client, leave as a friend.
