Wrongful Death Statute of Limitations in NYC: A Complete Guide

Are you trying to learn more about wrongful death statute of limitations in NYC?

If you are a grieving family trying to figure out what to do after losing a loved one because of someone else’s negligence or misconduct, acknowledging legal deadlines can feel overwhelming, but it is an important step.

New York law sets a strict time limit for families to file a wrongful death lawsuit. If you miss this deadline, you will almost always lose the chance to seek compensation.

These cases can involve complicated exceptions, estate procedures, and special rules, especially in New York City. That’s why it’s important to understand the law as soon as possible.

Let’s get started.

How the wrongful death statute of limitations in NYC works

Under New York law, the statute of limitations for most wrongful death claims is two years from the date of death.

This deadline is firm. If you do not file a lawsuit within this time, the court will almost always dismiss your case.

This time limit is there so that claims are made while evidence is still available, witnesses can remember what happened, and facts can be checked fairly.

Sadly, many families wait to take legal action because they are grieving, and later find out they missed their chance.

That is why it is important to get legal advice from an experienced NYC wrongful death attorney as soon as possible.

In which scenarios does the two-year statute of limitations for wrongful death claims apply?

The two-year deadline applies to wrongful death claims that result from:

• Motor vehicle accidents
• Construction and workplace accidents
• Medical malpractice
• Defective products
• Accidents that occur on someone else’s property
• Criminal or reckless conduct

Who has the legal authority to file a wrongful death claim?

New York law clearly defines who can file a claim, including a wrongful death lawsuit.

The person named in a will to handle the estate, or someone chosen by the Surrogate’s Court, can file the claim.

Even though the estate files the lawsuit, any damages awarded go to eligible surviving family members:

• Children (minor or adult)
• A surviving spouse
• Parents of the deceased (if no spouse or children exist)
• Other people who depended on the deceased in certain cases

If the wrong person is chosen to handle the estate or if the claim is filed incorrectly, it can cause delays or even make the claim not count.

That’s why it’s important to get legal help early.

Exceptions to the wrongful death filing deadline

Medical malpractice wrongful death cases

If someone dies because of a medical mistake, the time limit to file a case may be up to two years and six months, depending on the situation.

These cases often involve both medical and wrongful death rules, so it is very important to figure out the deadline carefully.

Claims against New York City or government entities

If a city, state, or public agency was involved in the death, there are extra rules.

Often, a Notice of Claim must be filed within 90 days after the estate representative is chosen.

If this is not done, the claim can be blocked, even if the two-year deadline has not ended.

Criminal proceedings and tolling

If the death led to criminal charges, the time limit for a civil case may be paused while the criminal case is happening.

In these situations, families may have one year after the criminal case ends to file a wrongful death lawsuit.

We suggest you avoid risking your case by guessing; these rules are complex, so it’s better to consult a lawyer.

Case Type	Statute of Limitations & Requirements
Medical Malpractice	The time limit to file may be up to two years and six months depending on the situation, as these cases involve both medical and wrongful death rules.
Government Entities	A “Notice of Claim” must often be filed within 90 days after the estate representative is chosen, or the claim can be blocked even if the two-year deadline hasn’t ended.
Criminal Proceedings	The time limit may be “tolled” (paused) while criminal charges are pending, potentially giving families one year after the criminal case ends to file.

What happens if you miss the statute of limitations?

If you miss the deadline to file a wrongful death case in NYC, the case is usually thrown out right away.

Courts rarely grant exceptions, even when:

• Liability is clear

• The defendant acted recklessly

• The family suffered devastating losses

After the deadline passes, you usually lose the chance to get any compensation for your loss.

What compensation Is available in New York wrongful death cases?

In New York, wrongful death law is about financial losses, not emotional pain. You may be able to receive payments for the following:

• Funeral and burial costs

• Medical bills from the last injury or illness

• Lost wages and benefits the person would have provided

• Loss of a parent’s help, support, and guidance

• Pain and suffering the person felt before dying (through a separate claim)

Since New York does not cover emotional pain, it’s important to keep detailed records and seek expert advice to strengthen your claim.

Why choosing the right NYC Wrongful Death Lawyer matters

Understanding the Wrongful Death Statute of Limitations in NYC can be simple. However, the case itself is very complex.

They may include several defendants, insurance companies, government regulations, and input from medical and financial experts. Most importantly, there are strict procedural deadlines.

Greenstein & Pittari LLP has decades of experience with complex wrongful death and serious injury cases in New York City.

Our attorneys know how to protect families from legal mistakes and work hard to hold negligent parties responsible.

Getting our team involved early helps preserve evidence, handle estate matters, and make sure all deadlines are met.

Call Greenstein & Pittari, LLP today at 1-800-VICTIM2.