New York Law (NYLE) Practice Exam

When must a Notice of Claim be filed for wrongful death and conscious pain and suffering claims?

1. Within 90 days after the accident for both claims.

2. Within 90 days after the decedent's death for both claims.

3. Within 90 days after the appointment of an estate representative for wrongful death, and within 90 days after the accident for pain and suffering.

4. During the trial for both claims.

The correct answer is: Within 90 days after the appointment of an estate representative for wrongful death, and within 90 days after the accident for pain and suffering.

The correct answer highlights the specific time frame required for filing a Notice of Claim related to wrongful death and conscious pain and suffering claims in New York. For wrongful death claims, the Notice of Claim must be filed within 90 days after the appointment of an estate representative. This requirement is in place because the estate representative is the individual who has the legal authority to pursue claims on behalf of the deceased. In contrast, for conscious pain and suffering claims, the Notice of Claim is required to be filed within 90 days after the date of the accident itself. This distinction is crucial because it recognizes the immediate impact of the accident on the individual and the need for timely action to preserve the rights associated with such claims. Understanding this nuanced timing is vital for anyone practicing in New York law, especially in personal injury and wrongful death contexts, as failing to file within the specified time frames can result in the loss of the right to pursue those claims.