Losing a loved one is one of the most painful experiences anyone can endure. When someone else’s negligence or wrongful act causes that loss, the pain can feel even more unbearable.
It’s natural to want justice for your loved one and for the void that their death left in your life. But, dealing with the legal process during such an emotionally exhausting time can seem overwhelming.
If you’re reading this, you may wonder about your rights, the time limits for filing a case, and what steps come next. You need a lawyer who understands New York’s wrongful death statute of limitations to pursue legal action. The law sets strict timeframes to act, and missing these deadlines can mean losing your ability to seek justice forever.
The wrongful death attorneys at The Perecman Firm are here to simplify the complex legal jargon and guide you through the essential information so you can make informed decisions. You don’t need to feel rushed or alone—we’ll help you understand what’s at stake and how to move forward.
What Is Wrongful Death?
Wrongful death occurs when a person dies as a result of someone else’s negligence, recklessness, or intentional actions. Events like car accidents on I-495 (the Long Island Expressway), a construction accident at a site near the Queensboro Bridge, or medical malpractice at a New York City hospital can all lead to wrongful death suits if negligence causes them.
These cases are not just about compensating the surviving family for financial losses but also about holding the responsible parties accountable. A wrongful death claim seeks to provide relief for the emotional and financial impact on those left behind. This includes compensation for funeral expenses, medical bills, lost income, and other losses.
What Is the Statute of Limitations for Wrongful Death in New York?
The statute of limitations refers to the time period within which you must file a legal claim. For wrongful death cases in New York, the statute of limitations is two years from the date of the deceased person’s death. The clock starts ticking on the day your loved one passes away—not on the date of the accident or event that caused their death.
For example, if your loved one tragically dies in a construction accident in Downtown Manhattan, you would have until the same date, two years later, to file your claim.
Filing outside this timeframe almost always leads to the court dismissing the claim, regardless of the merits of your case. That’s why you need a lawyer who understands these deadlines.
Exceptions to the Two-Year Rule
While two years is the standard statute of limitations for wrongful death cases, exceptions might apply.
Here are some examples:
- Criminal Cases: If the wrongful death resulted from a crime, such as homicide, the statute of limitations for a civil case is one year from the date the criminal case ends.
- Discovery of Negligence: If the negligence wasn’t immediately clear—for instance if medical malpractice is only discovered months later—there may be limited potential to extend the deadline. This is rare for wrongful death cases, but it can happen.
- Dram Shop Act Cases: If a wrongful death results from someone else's intoxication (e.g., a drunk driving incident), the party that sold alcohol to the intoxicated individual may be held liable under New York’s Dram Shop Act, which has a three-year statute of limitations instead of the usual two.
- Medical Malpractice Cases: If the death occurs after a lengthy hospitalization at a facility in Queens, affected by medical negligence, the timeframe is extended to two years and six months from the date of the death.
- Minor Beneficiaries: If the sole beneficiary of a wrongful death claim is a minor under 18, the statute of limitations may be “tolled” until the child turns 18 or a legal guardian is appointed to file the claim. However, if a guardian or parent was already in place at the time of the decedent’s death, the two-year statute of limitations still applies.
These exceptions are complicated and not automatic. Acting quickly is still your best option to ensure your family has every available path to pursue justice.
Statute of Limitations for Wrongful Death Lawsuits Against Government Entities
Filing a wrongful death lawsuit against a government entity in New York, such as the state of New York, local governments, or agencies like the transit system or school districts, follows the same two-year statute of limitations as other wrongful death claims. However, these cases come with additional steps and strict deadlines that must be carefully observed.
If the defendant in a wrongful death case is a public entity, New York law requires the plaintiff to serve a Notice of Claim within 90 days after a personal representative is appointed to the decedent’s estate. The law mandates this critical step to ensure plaintiffs formally notify the government entity of the claim.
Failure to file the Notice of Claim within the 90-day timeframe can have severe consequences. It may result in the dismissal of the case, leaving the decedent’s estate unable to pursue the wrongful death claim at all.
Once the Notice of Claim is properly served, the plaintiff still must file the wrongful death lawsuit within two years of the decedent’s date of death. This timeline keeps the case on track and within the court’s guidelines.
Who Can File a Wrongful Death Claim in New York?
Not just anyone can file a wrongful death claim in New York. Under New York law, only a personal representative of the deceased’s estate can initiate the lawsuit. The deceased’s will or the court appoints this representative.
The compensation from a wrongful death claim typically goes to:
- Surviving spouses
- Children
- Parents
- Other dependents or beneficiaries
This structure ensures that those closest to the deceased are taken care of after such an unthinkable loss.
Why Is Timeliness Critical in Wrongful Death Claims?
The grieving process differs for everyone, so prioritize your emotional needs.
However, the statute of limitations in New York doesn’t leave much room for delay.
Acting quickly ensures that:
- Evidence is preserved.
- Witnesses’ recollections remain clear.
- All legal options are available to you.
For example, if your loved one lost their life in a car accident on the Brooklyn-Queens Expressway (BQE), traffic camera footage, repair records, and witness testimonies may be instrumental in proving liability. Waiting too long could mean losing critical evidence.
Additionally, insurance companies and defense attorneys often use delay tactics to weaken claims. Filing your case promptly protects your family from such tactics and gives you the strongest chance to secure maximum compensation.
Recoverable Damages in a New York Wrongful Death Case
When a loved one is lost due to someone else’s negligence, the emotional toll is profound. However, the financial impact on the family left behind can also be overwhelming. New York law allows surviving family members to seek compensation for economic and non-economic damages in wrongful death cases.
Economic Damages
Economic damages are measurable financial losses incurred due to the death. They compensate for the tangible expenses and monetary contributions the deceased would have provided.
Common examples include:
- Medical Costs: You may recover any medical expenses related to the injury or illness that led to the death. This can include hospital bills, specialist fees, surgeries, and other treatments that occurred before passing.
- Funeral and Burial Costs: Families may seek compensation for reasonable funeral and burial expenses.
- Lost Income and Benefits: This includes the income the deceased would have earned if they had lived a full working life. Compensation is often adjusted for inflation, taxes, and benefits like health insurance, retirement contributions, or pensions.
- Loss of Potential Inheritance: A settlement can factor into a settlement the likely accumulated wealth or assets the deceased may have left as an inheritance.
- Loss of Household Services: A lawyer can calculate the value of services the deceased provided to the household—such as cooking, cleaning, childcare, or home maintenance.
Non-Economic Damages
Non-economic damages are less about finances and more about the personal and emotional loss endured by the family. While New York law places certain restrictions on non-economic damages, they still play a vital role in addressing the human impact of the loss.
These damages may include:
- Pain and Suffering of the Deceased: Compensation may be awarded for the physical pain and emotional anguish the deceased experienced before their death.
- Loss of Parental Guidance: Children of the deceased may claim damages for losing a parent’s love, guidance, nurturing, and emotional support—losses that can have lasting effects throughout their lives.
- Loss of Spousal Companionship: Surviving spouses can seek compensation for emotional and relational losses, including the absence of marital support, affection, and intimacy.
New York law does not currently permit financial recovery for the grief or emotional distress suffered by surviving family members.
Common Scenarios Leading to Wrongful Death
Wrongful deaths can sadly occur in many situations.
Some of the most frequent causes we see include:
- Construction Accidents: Construction sites in New York City are busy places, from projects in Midtown Manhattan to residential builds in Queens. Falling equipment, collapses, or lack of safety protocols often lead to catastrophic injuries and fatalities.
- Car Accidents: High-speed collisions on the Long Island Expressway or pileups on the Cross Bronx Expressway can result in devastating losses, especially when negligence, such as speeding or DUI, is involved.
- Medical Malpractice: Cases of delayed diagnosis, surgical errors, or improper treatment at hospitals in NYC or Long Island can culminate in wrongful death.
- Defective Products: Faulty machinery or defective tools commonly used by workers across construction sites in New York can have deadly consequences.
While these scenarios differ, they all share one thing in common—someone failed to uphold a duty of care.
First Steps After a Wrongful Death
The immediate aftermath of a loved one’s death can emotionally overwhelm anyone.
While wrongful death cases are likely the last thing on your mind during those trying times, taking the right steps early on can help in the long run:
- Request an Autopsy: An autopsy may provide critical evidence in understanding the cause of death and whether negligence contributed.
- Gather Evidence: Preserve records like medical reports, accident photos, witness contact information, and anything else relevant to the case.
- Keep Records: Maintain copies of funeral expenses, lost income, and any other costs related to the tragedy.
- Consult a Qualified Attorney: Seeking guidance early ensures all deadlines are met, and the necessary evidence is gathered.
Discuss Your Case with a Trusted Wrongful Death Attorney
Dealing with the wrongful death of a loved one is one of the hardest situations a family can face. Your loss is irreplaceable, and it’s hard to focus on legal details when you’re grieving. But understanding the statute of limitations and acting within the given timeframe is critical to protecting your rights.
At The Perecman Firm PLLC, we understand the emotional weight of losing a family member. Our compassionate and skilled personal injury lawyers are here to guide you through the legal process. Our team has extensive experience helping families pursue justice, whether it’s wrongful death cases in Queens, Long Island, or New York City.
Want to discuss your case? Contact us today at (212) 977-7033 or through our online form for a free and confidential consultation. Our lawyers serving Manhattan, Queens, and Long Island are ready to serve you. You focus on healing—we’ll focus on justice.