Wrongful Death Deadline vs. Personal Injury Statute of Limitations
A New York family has two years from the death, which is shorter than the three years the injured person would have had.
Two years from death
Under EPTL 5-4.1, a wrongful death action must be commenced within two years after the decedent's death.
Compared with an injury claim
Most personal injury claims have three years under CPLR 214(5), so the family's clock is shorter than the injured person's would have been.
Medical malpractice
Malpractice has two years and six months under CPLR 214-a. One firm's summary says a wrongful death claim from malpractice can run on either the two-year death clock or the 2.5-year malpractice clock, and that the more favorable one generally controls; confirm this with an attorney.
Government defendants
A notice of claim is jurisdictional: 90 days under General Municipal Law 50-e, then suit within one year and 90 days under 50-i.
The Grieving Families Act
The vetoed bills would have extended the deadline to three years, but the two-year rule remains the law.
A local personal injury attorney can review your claim — many offer a free consultation.
Official sources
- N.Y. CPLR § 214 — three-year actions
- N.Y. CPLR § 1411 — damages not barred by culpable conduct
- N.Y. CPLR § 1601 — limited liability of persons jointly liable
- N.Y. EPTL § 5-4.3 — wrongful death damages
This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how New York's rules apply to your specific case with a licensed New York attorney.