Key Takeaways
- Step 1: A personal representative of the estate must be appointed (through Surrogate’s Court if needed).
- Step 2: Investigate and preserve evidence quickly, before it’s lost.
- Step 3: File the claim within New York’s deadlines — generally two years, with a 90-day Notice of Claim for government defendants.
- Step 4: Complete discovery — exchanging evidence and taking depositions.
- Step 5: Resolve through settlement or, if necessary, trial. Most families work with an attorney throughout.
Filing a wrongful death claim in New York involves several steps, and getting them right — in the right order and within the deadlines — is essential. This guide walks through the process at a high level. Because the details and deadlines are strict, most families work with an attorney rather than navigating it alone.
If you’re considering a claim, Marks Law Group offers free consultations to help you understand the path forward.
Step 1: Appoint a Personal Representative
Because New York requires the estate’s personal representative to bring the claim, the first step is making sure one is in place. If the deceased named an executor in a will, that person can serve. If not, the Surrogate’s Court appoints an administrator. This step has to happen before the lawsuit can proceed.
Step 2: Investigate and Preserve Evidence
Strong claims are built on evidence — accident reports, medical records, photos, video, and witness accounts. Much of this can disappear quickly, so early investigation matters. This is often where an attorney’s involvement makes the biggest difference.
Step 3: File Within New York’s Deadlines
New York generally sets a two-year statute of limitations for wrongful death claims, measured from the date of death. Some cases carry shorter deadlines — notably, claims against a city, county, or state entity usually require a formal Notice of Claim within 90 days. Missing a deadline can end a valid claim, so this step is time-sensitive.
Note: Deadlines have exceptions — always confirm the specific deadline for your case with an attorney.
Step 4: Complete Discovery
Once filed, the case enters discovery — the formal exchange of information between both sides. This includes document requests, written questions, and depositions (sworn out-of-court testimony). Discovery is where much of the case is built, and it’s often the longest phase.
Step 5: Settlement or Trial
Many wrongful death cases settle, especially when the plaintiff is clearly prepared to go to trial. If a fair settlement isn’t offered, the case proceeds to trial, where a judge or jury decides the outcome. Either way, thorough preparation strengthens your family’s position.
Do You Need a Lawyer to File?
You are not legally required to have an attorney, but wrongful death cases involve strict procedures, tight deadlines, complex proof, and insurers focused on paying as little as possible. An experienced attorney handles the process so your family can focus on healing — and works to maximize the recovery the law allows.
Frequently Asked Questions
Quick answers to common questions about filing a wrongful death claim.
What documents are needed to file a wrongful death claim?
What does it cost to start a wrongful death claim?
Talk to a Long Island Wrongful Death Attorney
If you’ve lost a family member because of someone else’s negligence, you don’t have to sort through these questions alone. Free, confidential, no-fee-unless-we-win.
