Wrongful death · New York
For Wrongful death · New York, limitation period is two years; when the clock starts is after the decedent's death; section is 5-4.1; how the statute describes it is an action to recover damages for a wrongful act, neglect or default which caused the decedent's death, verified against its source on 2026-08-25.
- Type of claim
- Wrongful death our reading
- State
- New York verified
- Limitation period
- two years verified
- How the statute describes it
- an action to recover damages for a wrongful act, neglect or default which caused the decedent's death verified
- When the clock starts
- after the decedent's death verified
- Section
- 5-4.1 verified
Values marked our reading are our classification of what the source says — the source does not print them in those words. The quote below is the evidence for each one; judge it yourself.
What the source says
§ 5-4.1 Action by personal representative for wrongful act, neglect or default causing death of decedent 1. The personal representative, duly appointed in this state or any other jurisdiction, of a decedent who is survived by distributees may maintain an action to recover damages for a wrongful act, neglect or default which caused the decedent's death against a person who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued. Such an action must be commenced within two years after the decedent's death;
— nysenate.gov, retrieved 2026-08-25
Source
- nysenate.govhttps://www.nysenate.gov/legislation/laws/EPT/5-4.1?format=raw