Wrongful death actions must be commenced within how many years after death?

• A. One year
• B. Two years
• C. Three years
• D. Four years

Answer: (B)

Wrongful death actions in New York are governed by a statute of limitations that sets a firm two-year window from the decedent’s death to file the claim. This two-year limit means the case must be started within that period, or it will typically be time-barred unless a tolling rule applies. The main idea is that these claims must be brought promptly to avoid prolonged uncertainty and to ensure timely resolution. There are limited tolling situations, such as when the plaintiff is a minor or lacks capacity, which can extend the time in certain circumstances. Absent tolling, shorter (one year) or longer (three or four years) periods do not fit the rule, so two years is the correct timeframe.