Legal Question in Civil Litigation in New York

Re: Wrongful Death

Well, the quickest response to your question is that, under Section 5-4.1 of New York's "Estates,Powers and Trusts Law," "[s]uch an action must be commenced within two years after the decedent's death." There are certain circumstances in which this might not be true, however. For example, the period is shorter (one year and 90 days) if the defendant is a municipal entity. On the other hand, the period might be longer than two years under some circumstances, for example, involving children under some scenarios, or perhaps the lack of a personal representative of the decedent's estate because any such individuals were not eligible to receive letters of administration. You give none of the facts, of course, so this is just a general overview.

Re: Wrongful Death

If you feel that you may have a case or want to discuss a particular set of facts, please feel free to contact me via email to set up a complimentary telephone consultation.