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What Is the Statute of Limitations for Wrongful Death in New York?

In New York, the statute of limitations for wrongful death is generally 2 years under N.Y. Est. Powers & Trusts Law § 5-4.1.

2 YEARS
Wrongful Death · New York
✓ Verified Checked Sep 2026

Wrongful death Deadlines in New York

How long do you have to file a wrongful death claim in New York?

In New York, the statute of limitations for wrongful death is generally 2 years under N.Y. Est. Powers & Trusts Law § 5-4.1.

When does the clock start for wrongful death in New York?

Two years from the date of death. This period runs independently of any personal-injury period that applied to the decedent's own claim.

Can the New York deadline for wrongful death be extended?

The action is brought by the personal representative of the estate. A municipal defendant still requires a 90-day notice of claim under Gen. Mun. Law § 50-e.

Is the deadline different if the claim is against the government in New York?

Often, yes. Notice of claim served within 90 days under N.Y. Gen. Mun. Law § 50-e. A notice of claim must be served within 90 days after the claim arises. The lawsuit itself must generally be commenced within one year and 90 days under § 50-i — far shorter than the three-year CPLR period that would otherwise apply. The municipality may deman…

How does New York compare to other states for wrongful death?

New York's 2 years is in the middle of the range nationally. Across the 50 jurisdictions with a verified figure, the deadline for wrongful death ranges from 1 year to 3 years, and 2 years is the most common. Compare all states →

What Does Wrongful Death Cover?

Situations that typically fall under the wrongful death deadline in New York:

01 Fatal vehicle or workplace accidents
02 Death from medical negligence
03 Death caused by a defective product
04 Death from criminal or intentional acts
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Other Filing Deadlines in New York

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed New York attorney can tell you the deadline that applies to your situation.
See every filing deadline in New York, or compare wrongful death across all states.
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