How long do you have to file a wrongful death lawsuit?
In most states the family or estate has 2 years from the date of death to file a wrongful death lawsuit, and in 13 jurisdictions the wrongful death period differs from the ordinary personal injury period. Wrongful death is a claim created by statute for the losses of the survivors (lost support, services, companionship and funeral costs), so its deadline is often written into the wrongful death act itself rather than the general limitations chapter.[1][3]
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- 1 year or less
- 2 years
- 3 years
- 4–5 years
- 6+ years
| State | Deadline | Statute |
|---|---|---|
| Alabama | 2 years | Ala. Code § 6-2-38(a)Brought by the personal representative under §§ 6-5-391 and 6-5-410. |
| Alaska | 2 years | Alaska Stat. § 09.55.580(a)Brought by the personal representative. |
| Arizona | 2 years | A.R.S. § 12-542(2)Action is brought by the surviving spouse, child, parent or guardian, or personal representative (§ 12-612). |
| Arkansas | 3 years | Ark. Code Ann. § 16-62-102(c)Against a person convicted of capital, first- or second-degree murder: within the period allowed to charge murder. After a nonsuit, refile within 1 year (§ 16-62-102(c)(2)). Death from medical negligence is generally subject to the 2-year medical malpractice period (§ 16-114-203). |
| California | 2 years | Cal. Code Civ. Proc. § 335.1Death caused by a health care provider's professional negligence follows § 340.5 instead. |
| Colorado | 2 years | Colo. Rev. Stat. § 13-80-102(1)(d)4 years against a defendant who committed vehicular homicide and also left the scene in the same episode (§ 13-80-102(2)). |
| Connecticut | 2 years | Conn. Gen. Stat. § 52-555(a)Repose: 5 years from the act or omission complained of (§ 52-555(a)) No time limit if the person at fault was convicted of (or found not guilty by reason of mental disease of) murder or manslaughter for the death (§ 52-555(b)). |
| Delaware | 2 years | 10 Del. C. § 8107Death from medical negligence follows the medical malpractice rule in 18 Del. C. § 6856. |
| District of Columbia | 2 years | D.C. Code § 16-2702Brought by the personal representative. Was 1 year until D.C. Law 19-177 (2012). |
| Florida | 2 years | Fla. Stat. § 95.11(5)(e)A wrongful death claim against a natural person for an intentional tort resulting in death from murder or manslaughter (§§ 782.04, 782.07) may be brought at any time (§ 95.11(11)). Deaths from medical malpractice follow the § 95.11(5)(c) med-mal rules. |
| Georgia | 2 years | O.C.G.A. § 9-3-33The time between death and the opening of the decedent's estate (up to 5 years) is not counted against the estate's claims (§ 9-3-92). Crime-victim tolling under § 9-3-99 can also apply. |
| Hawaii | 2 years | Haw. Rev. Stat. § 663-3May be brought by the legal representative or the surviving spouse, reciprocal beneficiary, children, parents or dependents. Fraudulent concealment extends the period to 6 years from discovery (§ 657-20). |
| Idaho | 2 years | Idaho Code § 5-219(4) |
| Illinois | 2 years | 740 ILCS 180/2(d)Against the person who caused the death: 5 years if the death resulted from violent intentional conduct, or 1 year after the criminal case ends if that person is charged with murder, manslaughter, reckless or drug-induced homicide (§ 2(e)). HB 219 (P.A. 103-514, effective August 11, 2023) allows punitive damages in wrongful death suits filed on or after that date, except medical or legal malpractice and suits against public bodies. |
| Indiana | 2 years | Ind. Code § 34-23-1-1Must be brought by the decedent's personal representative within 2 years. |
| Iowa | 2 years | Iowa Code § 614.1(2)Iowa has no separate wrongful death limitation statute; the 2-year period for injuries to the person applies. Death from medical malpractice follows § 614.1(9), and death caused by a product is subject to the 15-year product repose (§ 614.1(2A)). |
| Kansas | 2 years | K.S.A. § 60-513(a)(5)Repose: 10 years from the act (§ 60-513(b)) |
| Kentucky | 1 year | KRS 411.130; 413.140(1)(a); 413.180The personal representative must sue within 1 year after appointment. If no representative is appointed within 1 year after death, the representative is treated as appointed on the last day of that year, so the outer limit is generally 2 years after death. |
| Louisiana | 1 year1 year from death or 2 years from the injury, whichever is longer | La. Civ. Code art. 2315.2(B), (F)y/m/d show the 1-year-from-death minimum. Wrongful death based on medical malpractice: 1 year from death (art. 2315.2(F)). The survival action (the decedent's own claim) has the same 1-year-from-death / 2-years-from-injury rule (art. 2315.1(A)). Both articles were amended by Acts 2025, Nos. 176 and 488. |
| Maine | 3 years | 18-C M.R.S. § 2-807(2)Extended from 2 to 3 years by PL 2023, c. 390 (LD 934), effective Oct. 25, 2023. If the death was a homicide, suit may be filed within 6 years after the personal representative discovers the cause of action against the killer. Claims against government entities follow the Maine Tort Claims Act (§ 2-807(4)). |
| Maryland | 3 years | Md. Code, Cts. & Jud. Proc. § 3-904(g)Death caused by occupational disease: within 10 years of death or 3 years from discovery of the cause of death, whichever is shorter. Extra time applies where a homicide defendant concealed the claim (§ 3-904(g)(3)). |
| Massachusetts | 3 years | M.G.L. c. 229, § 2Brought by the executor or administrator. Punitive damages of at least $5,000 are available for malicious, willful, wanton, reckless or grossly negligent conduct (§ 2). |
| Michigan | 3 years | MCL 600.5805(2)If the injured person dies before the period runs (or within 30 days after), the personal representative may sue within 2 years after letters of authority are issued, but no later than 3 years after the period ran (§ 600.5852). Death from medical malpractice follows the malpractice periods. |
| Minnesota | 3 years | Minn. Stat. § 573.02, subd. 1Repose: Within 6 years after the wrongful act or omission (§ 573.02, subd. 1) Death from health care provider negligence: 3 years from death but never later than the 4-year malpractice period (§ 541.076). Death caused by murder: no time limit. A court-appointed trustee brings the action. |
| Mississippi | 3 years | Miss. Code Ann. §§ 11-7-13, 15-1-49The wrongful death statute sets no period of its own, so courts apply the period for the underlying claim: 3 years for negligence (§ 15-1-49), 2 years for medical negligence (§ 15-1-36) and 1 year for intentional torts (§ 15-1-35). |
| Missouri | 3 years | Mo. Rev. Stat. § 537.100Time a defendant is absent from Missouri and cannot be personally served is not counted. After a nonsuit, a new action may be filed within 1 year. |
| Montana | 3 years | Mont. Code Ann. § 27-2-204(2)10 years when the death resulted from a homicide. |
| Nebraska | 2 years | Neb. Rev. Stat. § 30-810Brought by the personal representative for the surviving spouse and next of kin. |
| Nevada | 2 years | Nev. Rev. Stat. § 11.190(4)(e)A death caused by a health care provider's negligence follows § 41A.097 instead. |
| New Hampshire | 3 years | N.H. Rev. Stat. Ann. §§ 508:4, 556:11Repose: A new action must be brought within 6 years after the death, subject to RSA 508 (§ 556:11) New Hampshire handles wrongful death through its survival statutes (RSA 556:11–556:12). |
| New Jersey | 2 years | N.J. Stat. Ann. § 2A:31-3No time limit if the death resulted from murder, aggravated manslaughter or manslaughter and the defendant was convicted, found not guilty by reason of insanity, or adjudicated delinquent. |
| New Mexico | 3 years | N.M. Stat. Ann. § 41-2-2 |
| New York | 2 years | N.Y. Est. Powers & Trusts Law § 5-4.1At least 1 year after a related criminal action ends (§ 5-4.1(2)). The official text read (copy dated Oct 29, 2026) is unchanged since 2014: the Grieving Families Act, which would have lengthened this period, has not become law. |
| North Carolina | 2 years | N.C. Gen. Stat. § 1-53(4)Barred if the decedent's own injury claim would have been barred by § 1-15(c) or § 1-52(16) had the decedent lived. |
| North Dakota | 2 years | N.D. Cent. Code § 28-01-18(4)Repose: Malpractice deaths: 6 years from the act or omission unless discovery was prevented by fraud (§ 28-01-18(4)) |
| Ohio | 2 years | Ohio Rev. Code § 2125.02(F)(1)Repose: Product liability death claims: 10 years from delivery of the product to the first purchaser, with exceptions (§ 2125.02(F)(2)) |
| Oklahoma | 2 years | Okla. Stat. tit. 12, § 1053(A)Allowed only if the decedent could have sued for the injury had he or she lived. |
| Oregon | 3 years | Or. Rev. Stat. § 30.020(1)Repose: No later than the earlier of 3 years after death or any statute of ultimate repose for the underlying act (§ 30.020(1)) |
| Pennsylvania | 2 years | 42 Pa.C.S. § 5524(2)Medical malpractice death claims: 2 years after death (MCARE § 513(d)). |
| Rhode Island | 3 years | R.I. Gen. Laws § 10-7-2(c)Minimum recovery of $350,000 when liability is found (§ 10-7-2(c)); the section was amended by P.L. 2023, chs. 196 and 256, effective Jan. 1, 2024. |
| South Carolina | 3 years | S.C. Code § 15-3-530(6) |
| South Dakota | 3 years | SDCL § 21-5-3 |
| Tennessee | 1 year | Tenn. Code Ann. § 28-3-104(a)(1)Tennessee wrongful death claims continue the decedent's injury claim, so the 1-year personal injury period applies; death from health care liability follows § 29-26-116. |
| Texas | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003(b) |
| Utah | 2 years | Utah Code § 78B-2-304(3)§ 78B-2-304 was last amended in 2026 (ch. 130, eff. May 6, 2026); the wrongful death period was not changed. |
| Vermont | 2 years2 years from discovery of the death | 14 V.S.A. § 1492(a)If probable cause is found to charge someone with homicide, 7 years from discovery of the death or 2 years after the criminal judgment becomes final, whichever is later. Time the defendant is out of state is excluded in some cases (§ 1492(a)). |
| Virginia | 2 years | Va. Code § 8.01-244(B)Must be brought by the personal representative. Section amended in 2025 (Acts 2025, c. 37). |
| Washington | 3 years | RCW 4.16.080(2); RCW 4.20.010The wrongful death statute (RCW 4.20.010) sets no period of its own; the general 3-year period applies. If death resulted from health care, RCW 4.16.350 governs. |
| West Virginia | 2 years | W. Va. Code § 55-7-6(d)Subject to § 55-2-18 (refiling after dismissal). Death from medical negligence follows § 55-7B-4. |
| Wisconsin | 3 years | Wis. Stat. § 893.54(1m)(b)Death arising from a motor vehicle accident: 2 years (§ 893.54(2m), added by 2015 Wis. Act 133). |
| Wyoming | 2 years | Wyo. Stat. § 1-38-102(d)Must be brought by a court-appointed wrongful death representative (§ 1-38-102(a)). |
When does the wrongful death clock start?
The clock usually starts on the date of death, which can be weeks or years after the accident or medical error that caused it. A few states count from the injury or apply a discovery rule, and deaths caused by medical negligence often follow the medical malpractice deadline and its repose cap instead.[2][5] If the person who died had already let their own injury claim expire before death, many states bar the wrongful death claim too, because it depends on the decedent having had a valid claim at death.
Two other claims usually travel with a wrongful death case: the survival action, which is the decedent’s own claim (medical bills, pain before death, lost wages) brought by the estate, and sometimes a separate claim for the death of a minor child by the parents. Survival actions follow the injury deadline and the state’s rules for claims of a person who dies, so the two can expire on different days.
Exceptions that extend or shorten the deadline
- Homicide. Some states let survivors sue at any time, or within a period after a criminal conviction, when the death was caused by murder or manslaughter. Florida, for example, has no time limit for a wrongful death action against a person for murder or manslaughter.[1]
- Government defendants. If a public hospital, police department, city bus or state agency caused the death, a notice of claim may be due within months. For federal defendants, the claim must be presented to the agency within two years.[6]
- Medical malpractice deaths. Many states apply their malpractice period and repose cap, so the date of the error can matter more than the date of death. See the medical malpractice statute of limitations by state.
- Minors. Tolling for a child beneficiary is narrower in wrongful death than in injury cases; many states do not toll at all because the personal representative, not the child, brings the claim.
New York is a frequent source of confusion: At least 1 year after a related criminal action ends (§ 5-4.1(2)). The official text read (copy dated Oct 29, 2026) is unchanged since 2014: the Grieving Families Act, which would have lengthened this period, has not become law.[4]
Who can bring the claim
The person allowed to file is set by each wrongful death act: in many states it is the personal representative (executor or administrator) of the estate, suing for the benefit of the spouse, children or parents; in others the family members can sue directly. Because a representative may need to be appointed by a probate court first, families should start that process early: appointment can take weeks, and the limitation period does not pause while it is pending in most states.
Examples
- A pedestrian struck on March 3, 2025 dies on May 20, 2025. In a state with a 2-year period that runs from death, the deadline is May 20, 2027, not March 3, 2027.
- A patient dies in 2026 after a 2021 surgical error. In a state that applies a 2-year malpractice period with a 4-year repose cap from the treatment, the claim may already be barred in 2025, before the death.
Get the date for your state with the statute of limitations calculator (choose “Wrongful death”), and check the state guide for local exceptions: the statute of limitations in California, the Georgia statute of limitations or the statute of limitations for New York. For how damages are valued, see the personal injury settlement calculator.
Frequently asked questions
Is the wrongful death statute of limitations from the date of death or the date of injury?
In most states it runs from the date of death. A minority count from the injury or tie the deadline to the malpractice rules when a medical error caused the death, so check your state in the table.
How long do you have to file a wrongful death lawsuit?
Usually 2 years (31 jurisdictions) or 3 years (17). The shortest is 1 year and the longest 3 years.
Can a wrongful death claim be filed after the statute of limitations?
Only if an exception applies, such as tolling for fraud or concealment, a delayed-accrual rule, or a special rule for deaths caused by murder. Courts strictly enforce wrongful death deadlines because the claim exists only by statute.
Does the wrongful death deadline change if the government is responsible?
Yes. Most states require a written notice of claim to a public entity within a short period (often 6 months to 2 years), and federal claims must be presented to the agency within 2 years under the Federal Tort Claims Act.
Sources
- Fla. Stat. § 95.11(5)(e): wrongful death limitation period
- Cal. Code Civ. Proc. § 335.1: wrongful death limitation period
- Tex. Civ. Prac. & Rem. Code § 16.003(b): wrongful death limitation period
- N.Y. Est. Powers & Trusts Law § 5-4.1: wrongful death limitation period
- Mo. Rev. Stat. § 537.100: wrongful death limitation period
- 28 U.S.C. § 2401: time for commencing action against United States (FTCA claims)