When a loved one dies unexpectedly, his or her survivors may not be thinking about whether they can file a wrongful death claim. However, depending on the circumstances of the fatal incident, you may need to act within weeks to receive legal compensation for medical costs, funeral expenses, and other monetary and nonmonetary damages. If your spouse or another family member lost his or her life because of the action or inaction of a third party, it’s important to understand the statute of limitations for wrongful death claims in New York.
Length of Time to File a Claim
In most cases, the deceased individual’s family members must file a wrongful death claim within two years of his or her death. However, certain incidents are subject to a shorter or longer statute of limitations. For example, if your loved one died in a car accident, you must submit a claim for no-fault insurance death benefits within 30 days. When the lawsuit names a government agency or institution as the defendant, such as a transit authority, the plaintiff must first submit a notice of intention to file a claim.