How Long Do I Have to File a Wrongful Death Claim?

Buffalo is the second-largest city in the state of New York. According to state law, if you want to file a wrongful death claim in Buffalo, you only have up to two years to do so. Missing this deadline would mean losing the right to file the claim altogether.

For families in Buffalo, the clock can start while there is still a lot to sort out. A fatal car crash, medical error, workplace accident, or other event may leave you dealing with insurance companies, records, police reports, and funeral expenses at the same time. Also, cases involving local hospitals, businesses, drivers, or public entities can come with different legal deadlines.

That is why timing matters. A highly-rated wrongful death attorney in Buffalo can look at what happened, who may be responsible, and which deadlines apply before valuable time slips away. Some claims have shorter notice periods, so relying only on the general two-year rule can be risky.

New York’s Wrongful Death Filing Deadline

New York generally gives you two years from the date of death to start a wrongful death lawsuit. Estates, Powers, and Trusts Law § 5-4.1 states that a wrongful death action “must be commenced within two years after the decedent’s death.” The rule applies to claims brought by the personal representative of the estate.

That deadline can arrive faster than expected. Gathering medical records, accident reports, witness statements, financial records, and other evidence takes time. Waiting until the final months can make it harder to build a strong case.

Are There Exceptions to the Two-Year Rule?

Yes. The exact deadline can change based on the facts of your case and the defendant involved.

For example, New York law gives families additional protection in some situations involving a related criminal case. Under EPTL § 5-4.1, when a criminal action has started against the same defendant over the event that caused the death, the personal representative may have at least one year after the criminal case ends to bring the wrongful death action, even if the original deadline has expired or less than a year remains.

Other claims connected to a death may follow different statutes of limitation. Medical malpractice is one example. Under CPLR § 214-a, a medical, dental, or podiatric malpractice action generally must be started within two years and six months of the act, omission, or last treatment in cases involving continuous treatment, subject to statutory exceptions.

That distinction matters. A wrongful death case may involve more than one legal claim, and each claim may have its own deadline.

What If the Defendant Is a Government Entity?

You may face a much shorter early deadline when the defendant is a public corporation or government entity.

New York General Municipal Law § 50-e generally requires a notice of claim within 90 days when such notice is required by law. For wrongful death cases, the 90-day period runs from the appointment of the decedent’s estate representative.

That is a major reason not to assume you have two full years to deal with every wrongful death claim. A government defendant may require action much sooner.

What You Should Do After a Wrongful Death

To protect your rights, focus on the basics:

1. Identify the date of death. This usually starts the main two-year wrongful death clock.

2. Determine who may be liable. The deadline can differ when a government entity, medical provider, or other special defendant is involved.

3. Preserve evidence. Keep medical records, photographs, reports, insurance documents, messages, and other records related to the death.

4. Check every possible claim. A wrongful death claim may exist alongside a survival action or another personal injury-related claim, each with separate rules.

The safest approach is to treat the deadline as a firm cutoff, not a target date. Missing the applicable statute of limitations can bar an otherwise valid claim.

Wrongful Death Claim Deadline: What to Remember

• The usual deadline is two years from the date of death for a New York wrongful death lawsuit.

• Two years is not a rule for every claim. The deadline can change based on the type of case and who you are suing.

• Government cases can move much faster. A notice of claim may be due within 90 days under New York General Municipal Law § 50-e.

• Medical malpractice follows its own rules. CPLR § 214-a sets a separate time limit for many medical malpractice claims.

• A criminal case can affect the deadline in some wrongful death cases under EPTL § 5-4.1.

• Start checking the deadlines early. Waiting can mean lost records, harder-to-find witnesses, and fewer options.

• Missing the deadline can end the case. Even a claim with strong facts may be dismissed if you file too late.