Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I sue someone who has died in New York?
Yes. In New York, you sue the deceased person’s estate, not the person directly. Under EPTL §11-3.2, personal injury and negligence claims survive the death of the wrongdoer. You must file a claim against the estate in Surrogate’s Court and serve the appointed executor or administrator.
What is the deadline to sue a deceased person’s estate in NY?
New York’s standard personal injury statute of limitations is three years under CPLR §214, and it continues to run after the defendant’s death. However, if no estate has been opened, you may need to petition to have one appointed before you can serve process, which can add procedural delay — so acting quickly is critical.
What happens if the deceased person had no estate or assets?
If the defendant died with no assets, recovering a judgment can be difficult. However, many defendants carry liability insurance, and insurance policies typically remain in effect after death. An attorney can investigate whether insurance coverage exists and file a claim against the policy even if the estate has no other assets.
Can a deceased person’s family sue on their behalf in New York?
Yes. Under EPTL §11-3.2, a personal injury claim the deceased person had against someone else also survives their death and can be pursued by the estate. Additionally, if the death was caused by another’s negligence, the family may bring a separate wrongful death action under EPTL §5-4.1 within two years of the date of death.