In New York, the time to file a wrongful death claim is typically two years. Only the administrator of the estate or the executor of the will appointed by the Surrogate Court may proceed with the claim.
After the wrongful death of a loved one, New York families typically have two years to file a lawsuit against the responsible individual and/or entity. This statute of limitations exists because, over time, memories fade, evidence is lost, and witnesses become unavailable. However, there are some exceptions to New York’s wrongful death statute of limitations based on various factors, such as the age of the decedent’s beneficiaries and who the lawsuit is filed against.
If you miss the deadline to file a wrongful death lawsuit, your case will likely be time-barred and dismissed in court. For this reason, it’s crucial to connect with Lever & Ecker’s experienced New York personal injury lawyers to understand how the statute of limitations and other laws apply to your case.
What Types of Wrongful Death Cases Fall Under New York’s 2-Year Statute of Limitations?
Wrongful death lawsuits allow families of those who died due to someone else’s negligence to recover damages like funeral expenses, medical expenses related to the death, and compensation for their loved one’s suffering before death. Surviving family members can also file a survival action if the decedent already initiated a personal injury lawsuit before their death, which allows the family to continue the existing lawsuit and pursue additional damages.
The most common types of wrongful death cases that fall under New York’s two-year statute of limitations include:
- Car accidents accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Construction accidents
- Slip, trip, and fall accidents
New York is one of the only states that does not allow surviving relatives of the deceased to recover damages for their own pain and suffering, mental anguish, or loss of companionship in a wrongful death claim. However, families may still recover significant compensation for the costs directly associated with their loved one’s death.
Exceptions to the Wrongful Death Statute of Limitations in New York
Though most wrongful death cases in New York have a two-year filing deadline, there are several exceptions. If a government entity, like a city, town, or county, was responsible for your loved one’s death, you must file a Notice of Claim within 90 days of the appointment of the decedent’s estate representative.
In cases where the decedent’s only potential beneficiary is a minor, New York allows wrongful death lawsuits to be “tolled,” or delayed, until the minor turns 18 or a legal guardian is appointed. If a parent or guardian was already appointed at the time of death, the statute of limitations for filing a lawsuit remains two years from the date of death. In cases involving medical malpractice, the statute of limitations may be extended to two years and six months.
Finally, cases involving pending criminal charges against the defendant are tolled until the end of the criminal case. Estate representatives then have one year from the end of the criminal action to bring forth a civil lawsuit.
Who Can File a Wrongful Death Lawsuit in New York?
If your family member passed away due to another individual or entity’s negligence, you may be eligible to file a wrongful death lawsuit. However, New York has specific laws in place about who can file a wrongful death lawsuit—it can’t just be any family member. To file this type of claim, you must be the decedent’s estate executor or personal representative. This is usually defined in the decedent’s will, but if they did not have one before they died, the court can appoint a personal representative. This representative must be at least 18 years, of sound mind, and free of felony convictions.
What Happens If You Miss the Wrongful Death Statute of Limitations in New York?
If you miss the deadline to file a wrongful death lawsuit in New York without any extensions or exceptions, you will very likely lose your right to bring a claim against the responsible party or parties. The statute of limitations is a hard deadline set by law. If you don’t file your lawsuit within that specific timeframe, the court will almost certainly dismiss your case. It doesn’t matter how clear the other party’s fault might be, how strong your evidence is, or how devastating your loss. Once the deadline hits, your legal avenue for seeking compensation is usually gone. As such, it is crucial to reach out to an experienced attorney to understand how the statute of limitations applies to your case and ensure you do not miss the filing deadline.
Speak With a New York Wrongful Death Lawyer at Lever & Ecker Today
After a loved one dies unexpectedly due to someone else’s negligence, you may feel overwhelmed by all the steps you need to take next, from planning a funeral to executing a will. It’s important to know that if you plan to file a wrongful death lawsuit to recover compensation for your loved one’s passing, there are critically important deadlines that cannot be missed. At Lever & Ecker, our experienced, compassionate attorneys will handle your legal claim so your family can focus on healing.
I can’t thank Dan Ecker enough for the work he and his firm did on behalf of the family of someone close to me who died under terrible circumstances. Dan was always there and he obtained the best outcome we could possibly have hoped for. I give Dan Ecker my highest recommendation.
Kellie J.
Lever & Ecker’s approach is simple: we listen to you, guide you, and take care of what needs to be done right away so you won’t lose your right to compensation. We provide the resources you need to make informed legal decisions and get the right care. Our team takes pride in helping families navigate the often-complex legal system and ultimately work together to obtain justice for themselves and their loved ones.
Being able to help good people following tragic circumstances is the greatest reward we can achieve as lawyers.
Some of our most successful wrongful death case results include:
- $12 million for the family of a pedestrian struck by a bus.
- $2.15 million for the family of a motorcyclist who was struck and killed.
Serving Wrongful Death Victims and Their Families Throughout New York State
With offices in White Plains, the Bronx, and Queens, Lever & Ecker helps grieving families throughout New York State, including all five boroughs of New York City, Westchester County, and the surrounding counties. Our award-winning New York lawyers have more than 70 years of combined experience litigating wrongful death lawsuits, and we are motivated by genuinely making a difference in the lives of our clients. To learn more about how New York laws apply to your case, contact Lever & Ecker online or by calling one of our offices:
- White Plains: (914) 288-9191
- Bronx: (718) 933-3632
- Queens: (347) 391-6337
