New York Wrongful Death Statute of Limitations
New York
Wrongful Death
General statute of limitations
2
years to file
In New York, a wrongful death claim must generally be filed within 2 years of the date of injury or death. Filing after this window typically bars the claim permanently.
Governing statute: N.Y. CPLR § 210
Clock typically starts
Date of death
The SOL for wrongful death runs from the date of the decedent's death, not the date of the underlying injury or negligent act.
Government defendants
Notice of claim may be required
If your claim is against a government entity — a city, county, state agency, or public employee — most states require a separate notice of claim within 30 to 180 days. Missing this notice deadline can bar your claim entirely, independent of the SOL.
Tolling — when the clock may pause
Wrongful death deadlines typically run from the date of death, not the underlying injury. Estate representatives must bring the claim. Some states require the estate to be opened before the clock begins.
Educational information only — not legal advice
This result reflects the general statutory period for wrongful death claims in New York based on publicly available statutes. Your actual deadline may differ based on the specific facts of your case, applicable tolling rules, discovery rule application, government defendant requirements, and other circumstances. This information is for educational purposes only and does not constitute legal advice and does not create an attorney-client relationship. Caseworth makes no warranty as to the accuracy, completeness, or currency of this information. Consult a licensed attorney in New York before making any decisions about your claim.
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