# Wrongful death · New York — Civil statute of limitations by state and type of claim

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, not quoted from the source)_
- **State:** New York _(verified: appears in the quote below)_
- **Limitation period:** two years _(verified: appears in the quote below)_
- **How the statute describes it:** an action to recover damages for a wrongful act, neglect or default which caused the decedent's death _(verified: appears in the quote below)_
- **When the clock starts:** after the decedent's death _(verified: appears in the quote below)_
- **Section:** 5-4.1 _(verified: appears in the quote below)_

## 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;

## Source

- https://www.nysenate.gov/legislation/laws/EPT/5-4.1?format=raw

Last verified: 2026-08-25. Review by: 2027-08-25.
Part of [Civil statute of limitations by state and type of claim](https://referencesource.org/state-civil-statute-of-limitations/).