In New York, you have two years from the date of your loved one’s passing to file a wrongful death claim. Losing a loved one is devastating—and the legal deadlines that follow only add to the emotional burden.
At Richmond Vona, we understand the heartbreak and confusion that comes with this type of loss. Our skilled New York wrongful death attorneys can help grieving families across the state understand their options and act within the law’s strict timelines. Call us at 716-500-5678 to schedule a free consultation today.
ON THIS PAGE
- What is the Main Deadline for Filing a Wrongful Death Claim in New York?
- Are There Common Exceptions to the Two-Year Deadline for Wrongful Death Claims in New York?
- How Does the Timeline Work if the Person Was Injured First and Died Later?
- What Happens if I Miss the Filing Deadline for a Wrongful Death Claim in New York?
- What Role Does a Wrongful Death Claim Attorney Play in the Filing Timeline?
- Let Richmond Vona Get You What You Deserve From Your Death Claim
What is the Main Deadline for Filing a Wrongful Death Claim in New York?
Under New York’s statute of limitations, the surviving family members of a victim have two years to file a wrongful death claim. It is important to note that the clock begins from the date of death, not the date of the accident or when the injury was sustained.
For example, if a person is in a car accident and succumbs to their injuries three days later in the hospital, the filing countdown begins on the date they passed away, not when the collision took place.
If you miss this deadline, the court may dismiss your case entirely, and you could permanently lose the right to seek compensation. This is the general filing deadline; however, there are exceptions, which we will examine in more detail below.
Are There Common Exceptions to the Two-Year Deadline for Wrongful Death Claims in New York?
Yes—some exceptions can shorten or extend the time you have to file. Here are the most common examples in New York:
- Suing Government Entities: The two-year filing deadline remains the same when suing a government entity; however, a Notice of Claim must be filed within 90 days of the incident or death.
- Work-Related Injuries: Families can’t sue the employer directly but may pursue workers’ compensation death benefits or sue a third party (e.g., manufacturer) within the two-year period.
- Accidents Involving Minors: If the deceased’s representative is a minor, the statute may be tolled until a guardian is appointed or the minor reaches the age of majority. This applies to the representative, not the beneficiaries.
- Comatose: If an individual was in a coma before they died, the statute of limitations for wrongful death still starts at the date of death, not when they became comatose.
- Medical Malpractice: Wrongful death cases involving medical negligence can have overlapping timeframes: you must file the wrongful death claim within two years of the date of death, but you may have up to two and a half years from the date of the malpractice to file a separate personal injury claim.
Wrongful death claims have complicated filing deadlines, emphasizing the need for legal counsel to navigate these exceptions. The Richmond Vona team has the experience, skillset, and compassion needed to handle these cases. Contact our law office today for more information on how we can help you and your family.
How Does the Timeline Work if the Person Was Injured First and Died Later?
The two-year deadline still starts from the date of death, not the date of the injury or accident.
In these situations, the family may also be eligible to file a survival action, which covers the pain, suffering, and expenses the deceased experienced before passing.
Important: The survival action follows a different deadline. The deadline for these types of cases is typically 3 years from the date of injury or 2.5 years for cases involving medical malpractice.
Because these timelines often overlap or run concurrently, it’s crucial to work with a legal team that can manage both claims properly.
What Happens if I Miss the Filing Deadline for a Wrongful Death Claim in New York?
If you miss the deadline, your case will likely be dismissed, and you will lose the legal right to pursue any compensation—no matter how strong your evidence is.
Because of the permanent consequences, it’s critical to speak with a lawyer as soon as possible to determine how much time you have left and whether any exceptions apply.
What Role Does a Wrongful Death Claim Attorney Play in the Filing Timeline?
Our lawyers navigate the New York legal landscape and ensure you file on time with the correct documentation. We are well-equipped to prepare a solid wrongful death case for compensation within the applicable statute of limitations.
We are available 24/7 to take your case. During a no-obligation, free consultation, our personal injury attorneys will explain our process, beginning with our contingency fee basis. This means you will not pay anything unless we win your case.
Let Richmond Vona Get You What You Deserve From Your Death Claim
At Richmond Vona, we understand the emotional and financial toll a sudden loss can take on your family.
With New York’s strict deadlines and complex rules, wrongful death claims demand skilled legal experience and fast action. We’ll walk you through every step and handle the legal process so you can focus on healing.
Call us at 716-500-5678 or contact our law office today to schedule a free consultation.
