Under SOL toll for wrongful death claims, the toll is how long from death if survival claims are timely upon death?

Under SOL toll for wrongful death claims, the toll is how long from death if survival claims are timely upon death?

• A. 1 year from death
• B. 3 years from death
• C. 4 years from death
• D. 2 years from death

Answer: (D)

In New York, a death caused by another’s fault creates two possible claims: a survival action on the decedent’s own claim and a wrongful death action by the beneficiaries. The survival action typically has a longer window (three years from accrual), while the wrongful death action must be brought within two years of the death itself. When survival claims would have been timely as of the death, that timing tolled the wrongful death period only up to the two-year mark from death. So, if survival is timely at death, the wrongful death claim must be filed within two years from the death.

In New York, a death caused by another’s fault creates two possible claims: a survival action on the decedent’s own claim and a wrongful death action by the beneficiaries. The survival action typically has a longer window (three years from accrual), while the wrongful death action must be brought within two years of the death itself. When survival claims would have been timely as of the death, that timing tolled the wrongful death period only up to the two-year mark from death. So, if survival is timely at death, the wrongful death claim must be filed within two years from the death.