Deadlines for Wrongful Shooting Claims in New York

Why Timing Matters After a Wrongful Shooting

After a shooting, everything changes in an instant. If someone you love was hurt or killed, or if you were injured yourself, you’re likely overwhelmed and unsure what to do next. The legal process might be the last thing on your mind, but in New York, waiting too long can cost you your right to take action. Deadlines come fast, especially if a government agency was involved. Knowing when to file and how fast you must move can make all the difference.

Bronx wrongful shooting attorney teams at Horn Wright, LLP, help people across the Bronx understand deadlines and take control after police shootings, civilian gun violence, or other wrongful acts. Our attorneys know how New York laws work and how the system in the Bronx moves. If you're dealing with something this serious, we’re here to help you take the first step.

General Statute of Limitations for Wrongful Death Claims in New York

If a loved one was killed in a wrongful shooting, New York law sets a strict two-year window to file a wrongful death lawsuit. That clock starts the day your loved one dies. Once those two years pass, courts usually won’t hear the case. That rule applies even if the investigation took months or if you're still collecting information.

Families in the Bronx often need time to grieve, but the legal system doesn’t pause. Bronx County Supreme Court enforces these deadlines firmly. Documents like a death certificate, autopsy reports, or police incident files must be gathered early to support your claim.

Even something as basic as identifying the responsible party takes time. Whether the shooter was a private individual or someone in uniform, that first two-year mark stays the same. If the shooter was never criminally charged, or if charges were dropped, your civil case can still move forward within that two-year span.

Special Rules When a Government Entity Is Involved

If the person who fired the weapon worked for the city or state, like an NYPD officer or correctional officer, the rules shift. These cases involve government agencies, which come with shorter and more complex deadlines. In New York, you must file a Notice of Claim before filing a lawsuit against any public entity.

That means:

• You have just 90 days from the date of the shooting to file a Notice of Claim
• You must then file your actual lawsuit within 1 year and 90 days from the date of the incident

In the Bronx, these deadlines often apply when officers from the 41st, 44th, or 47th precincts are involved. The Notice of Claim usually goes to the NYC Comptroller’s Office, and missing that 90-day deadline nearly always blocks you from suing.

For families seeking police accountability in the Bronx, this window can close fast. Agencies like the Civilian Complaint Review Board (CCRB), which accepts complaints about police misconduct, do not extend these court deadlines. Filing with the CCRB is not the same as filing a legal claim.

Claims for Survivors: Civil Rights and Personal Injury

Wrongful shooting claims aren’t limited to death. Survivors who were shot and injured have the right to sue for damages. These claims may focus on personal injury or civil rights violations, depending on the circumstances. The deadlines vary depending on the type of claim and who caused the harm.

Here are the general rules:

• For personal injury caused by a private individual: 3 years from the date of injury
• For excessive force or constitutional violations by a public official: 3 years under federal civil rights law (Section 1983)
• If suing a government agency: Still need to file a Notice of Claim within 90 days

Many Bronx shootings happen near dense housing complexes, like NYCHA buildings, or in public places with security footage. That footage can disappear quickly. Even if you have three years to file, waiting too long can damage your case. Eyewitnesses forget details. Physical evidence gets lost. Medical records, surveillance video, and police body cam footage all become harder to obtain with time.

People injured in areas like Grand Concourse or Fordham Plaza often need to act fast, especially if multiple agencies or security forces were present. The longer you wait, the more complicated things get.

When Minors or Incapacitated Adults Are Involved

Different timing rules apply when the victim is a child or someone mentally incapable of understanding legal matters. New York law allows certain deadlines to pause in these situations, but those rules don’t apply in every case.

For example:

• A minor injured in a private shooting may have until their 21st birthday to file a lawsuit
• But if a city agency or NYPD officer is involved, that pause often doesn’t apply, and the 90-day Notice of Claim still stands

That exception trips up many families. In the Bronx, if a child is shot during an encounter with a public employee or on city property, the clock starts immediately. The courts won’t wait until the child turns 18. That’s why families need to start the process early, even if the child is still recovering.

Parents and guardians should move quickly to:

• Document the injury with medical records from BronxCare or Lincoln Hospital
• Get copies of any police reports or school incident records
• Photograph injuries and the location of the shooting

Delays don’t just risk missing deadlines. They reduce your chances of building a strong case.

Exceptions, Extensions, and Missed Deadlines

There are very few situations where New York courts will extend these deadlines. Judges rarely make exceptions, and most involve legal disability, fraud, or extreme hardship. Saying you didn’t know about the deadline usually won’t be enough.

Miss the 90-day Notice of Claim window? You likely lose the right to sue a city agency. File after the two- or three-year statute of limitations? The court will probably dismiss the case, no matter how strong your evidence might be.

In the Bronx County Supreme Court, the civil division enforces filing timelines closely. Case backlogs are heavy, and clerks often reject late filings outright. That makes early preparation key.

Some possible exceptions include:

• If the victim was legally incapacitated and couldn’t act on their own
• If the agency actively concealed key facts about the shooting
• If the wrongdoer fled or used false identity to delay being named

Still, none of these are guaranteed. The court must approve any extension, and the burden is on you to prove it.

How Quickly Should You Act After a Shooting in the Bronx?

The short answer: as soon as possible. Legal deadlines aren’t the only reason. The quality of your evidence depends on how quickly you move. Bronx neighborhoods like Soundview, Kingsbridge, or Mott Haven often have street-level security cameras, but most systems delete footage in 7 to 30 days.

People also move around. Witnesses who were at the scene might relocate, forget what they saw, or become unwilling to speak. Police body camera footage or 911 audio records can get archived, misplaced, or redacted if not requested early.

Some immediate steps that can help protect your claim:

• Get medical treatment and request records promptly
• Photograph injuries and clothing worn at the time
• Identify any stores, homes, or buildings with possible video footage
• Write down names of people who saw what happened
• Request copies of police reports from the 42nd or 48th Precinct
• Speak with a lawyer before giving statements to investigators

Taking action early gives you a better chance to preserve key details. Time works against you in every legal process.

Bronx Wrongful Shooting Deadlines

Every shooting case is different, but the deadlines rarely change. To recap:

• 90 days to file a Notice of Claim against NYC or its employees
• 1 year and 90 days to sue a public agency after a Notice of Claim
• 2 years to sue for wrongful death
• 3 years to file a personal injury or civil rights claim

Even one missed deadline can block you from filing entirely. Many people assume they have more time than they do, especially if police are still investigating. But civil cases follow their own timelines, and those clocks don’t stop for investigations, appeals, or internal reviews. In Bronx courts, those dates matter.

The earlier you act, the more options you have. That includes finding expert witnesses, preserving surveillance footage, and contacting people before memories fade. To understand what happens after a civil rights shooting settlement, it helps to start with a clear, timely claim.

Know Your Rights and Stay Ahead of the Clock

No one plans to face a wrongful shooting case. But if it happens, knowing what deadlines apply can help you protect your rights. These cases move fast in New York, especially when city agencies or officers are involved. If you're in the Bronx and believe someone was wrongfully shot, don’t wait. Time affects everything, including your evidence, your witnesses, and your ability to hold someone accountable. For questions or next steps, reach out through our contact page.