Wrongful Death Filing Deadlines by State (2026)
The deadline to file a wrongful death lawsuit in each state and DC.
| State | Wrongful death deadline |
|---|---|
| Alabama | A wrongful death lawsuit must be filed within two years after the death. Ala. Code §§ 6-5-410(d), 6-2-38(a) |
| Alaska | A wrongful death lawsuit must be filed within two years after the death. Alaska Stat. § 09.55.580(a) |
| Arizona | A wrongful death lawsuit must be filed within two years; the claim is treated as accruing at the date of death. Ariz. Rev. Stat. § 12-542(2) |
| Arkansas | A wrongful death lawsuit must be filed within three years after the death. If the defendant was convicted of capital murder or first- or second-degree murder, the suit may be filed within the time allowed for bringing a murder charge. If the case is dismissed without prejudice (nonsuit), it may be refiled within one year. Ark. Code Ann. § 16-62-102(c) |
| California | The 2-year deadline for injury to a person also applies to wrongful death lawsuits. Cal. Code Civ. Proc. § 335.1; Judicial Branch of California Self-Help Guide |
| Colorado | A wrongful death lawsuit must be filed within two years after the claim accrues. If the defendant committed vehicular homicide and left the scene of the accident in the same episode, the deadline is four years. Colo. Rev. Stat. § 13-80-102(1)(d), (2) |
| Connecticut | A wrongful death lawsuit must be filed within two years from the date of death, and no more than five years from the act or omission that caused it. There is no deadline if the person at fault was convicted of (or found not guilty by reason of mental disease of) murder, capital or arson murder, or first-degree manslaughter for that death. Conn. Gen. Stat. § 52-555 |
| Delaware | A wrongful death lawsuit must be filed within 2 years after the claim accrues. A death caused by medical negligence falls under the medical negligence deadline (generally 2 years from the injury). Del. Code tit. 10, § 8107; tit. 18, § 6856 |
| District of Columbia | A wrongful death lawsuit must be filed within 2 years after the death. D.C. Code § 16-2702 |
| Florida | A wrongful death lawsuit must be filed within 2 years. Fla. Stat. § 95.11(5)(e) |
| Hawaii | A wrongful death lawsuit must be filed within two years from the date of death, except as otherwise provided by law. Haw. Rev. Stat. § 663-3 |
| Idaho | A lawsuit for a death caused by the wrongful act or neglect of another must be filed within two years. Idaho Code § 5-219(4) |
| Illinois | A wrongful death lawsuit must be filed within 2 years after the death. If the death resulted from violent intentional conduct, the deadline is 5 years; if the defendant is charged with certain homicide offenses, the suit may be filed within one year after the criminal case ends. A person entitled to benefits who was under 18 has until 2 years after turning 18. 740 ILCS 180/2(d), (e) |
| Indiana | The personal representative must file a wrongful death lawsuit within two years. Ind. Code § 34-23-1-1 |
| Kansas | A wrongful death lawsuit must be filed within two years. Kan. Stat. Ann. § 60-513(a)(5) |
| Kentucky | The wrongful death statute itself does not state a filing deadline. Kentucky's one-year limit for personal injury actions applies to actions listed in KRS 413.090 to 413.160, and when a person dies, the personal representative may sue within one year after being appointed (qualified); if more than a year passes between the death and the appointment, the representative is treated as appointed on the last day of that one-year period. For deaths from motor vehicle accidents, the Motor Vehicle Reparations Act allows a tort action within two years after the death or the last no-fault benefit payment, whichever is later. KRS 411.130; KRS 413.140(1)(a); KRS 413.180; KRS 304.39-230(6) |
| Louisiana | One year from the death, or two years from the day the injury or damage was sustained, whichever is longer. For wrongful death claims based on medical malpractice, the period is one year from the death. A separate survival action (for the injured person's own damages before death) has the same time limit. La. Civ. Code arts. 2315.2(B), (F), 2315.1(A) |
| Maine | Within 3 years after the death. If the death was caused by a homicide, the action may be filed within 6 years after the personal representative discovers there is a cause of action against the person who caused the homicide. 18-C M.R.S. § 2-807(2) |
| Maryland | Within three years after the death. Special rules apply to deaths caused by occupational disease (within 10 years of death or 3 years from discovering the cause, whichever is shorter) and to homicides where the wrongdoer's identity was concealed. Md. Code, Cts. & Jud. Proc. § 3-904(g) |
| Massachusetts | Within three years from the date of death, or within three years from when the executor or administrator knew or reasonably should have known the facts supporting a claim (or later where certain tolling provisions of chapter 260 apply). M.G.L. c. 229, § 2 |
| Michigan | Generally three years after the death (the same period as for injuries to persons). If the person died before the limitation period ran (or within 30 days after), the personal representative may sue within 2 years after letters of authority are issued, even if the original period has run, but no later than 3 years after the original period ran. MCL 600.5805(2), 600.5852 |
| Minnesota | Within three years after the date of death, but no more than six years after the wrongful act or omission. Exceptions: deaths from medical professional negligence (three years from death, within the four-year malpractice limit), and deaths caused by murder (no time limit). Minn. Stat. § 573.02, subd. 1 |
| Mississippi | The wrongful death statute does not state its own deadline; the general three-year limitation period for actions with no other prescribed period applies to most wrongful death claims. Wrongful death claims arising from medical services fall under the two-year medical malpractice limit. Miss. Code Ann. §§ 11-7-13, 15-1-49, 15-1-36 |
| Missouri | Three years after the cause of action accrues. Time when a defendant is absent from the state does not count, and a plaintiff whose timely case ends in a nonsuit may refile within one year. Mo. Rev. Stat. § 537.100 |
| Montana | Three years, except 10 years when the death resulted from a homicide. Mont. Code Ann. § 27-2-204(2) |
| Nebraska | Within two years after the death. Neb. Rev. Stat. § 30-810 |
| Nevada | Two years for an action to recover damages for the death of a person caused by the wrongful act or neglect of another. Wrongful death claims against health care providers follow the medical malpractice deadline in NRS 41A.097. NRS 11.190(4)(e); NRS 41A.097 |
| New Hampshire | If no action was pending when the person died, a wrongful death action may be brought within 6 years after the death, "subject to the provisions of RSA 508" (the general limitation statute). RSA 556:11 |
| New Jersey | Within two years after the death. If the death resulted from murder, aggravated manslaughter or manslaughter for which the defendant was convicted, found not guilty by reason of insanity, or adjudicated delinquent, the action may be brought at any time. N.J.S.A. 2A:31-3 |
| New Mexico | Within three years after the cause of action accrues; the cause of action accrues on the date of death. NMSA 1978, § 41-2-2 |
| New York | Within two years after the death. If a criminal action is brought against the same defendant over the same event, the personal representative has at least one year after the criminal case ends. Claims against a city, county, town, village, fire district or school district for wrongful death must be filed within two years after the death. N.Y. EPTL 5-4.1; N.Y. Gen. Mun. Law § 50-i |
| North Carolina | Two years; the claim accrues on the date of death. No wrongful death action may be brought if the person who died would have been barred, had he or she lived, by the personal injury or malpractice time limits. N.C. Gen. Stat. § 1-53(4) |
| North Dakota | Two years, counted from the date of death. If the death resulted from malpractice, the claim accrues when the malpractice is discovered, but not more than six years after the act or omission unless fraud prevented discovery. N.D. Cent. Code § 28-01-18(4) |
| Ohio | Two years after the date of death. Wrongful death claims involving product liability have an additional ten-year limit measured from delivery of the product, with exceptions. Ohio Rev. Code § 2125.02(F) |
| Oklahoma | Two years. 12 Okla. Stat. § 1053(A) |
| Oregon | Three years after the injury causing death is discovered or reasonably should have been discovered (by the person who died, the personal representative, or a beneficiary). In no case may the action be filed later than the earlier of three years after the death or the longest applicable statute of ultimate repose (such as the five-year medical malpractice limit or the 10-year negligence limit). Or. Rev. Stat. § 30.020(1) |
| Pennsylvania | Two years for an action for the death of an individual caused by the wrongful act or negligence of another. For wrongful death or survival claims based on medical malpractice, the action must be filed within two years after the death, unless the cause of death was misrepresented or fraudulently concealed. 42 Pa.C.S. § 5524(2); MCARE Act § 513(d) (40 P.S. § 1303.513(d)) |
| Rhode Island | Three years after the death. If the wrongful act was not known at the time of death, three years from when it was or reasonably should have been discovered. R.I. Gen. Laws § 10-7-2(c) |
| South Carolina | Three years, beginning on the date of death. S.C. Code § 15-3-530(6) |
| South Dakota | Three years after the death. S.D. Codified Laws § 21-5-3 |
| Texas | Two years, counted from the date of death. Tex. Civ. Prac. & Rem. Code § 16.003(b) |
| Utah | Two years for recovery of damages for a death caused by the wrongful act or neglect of another. Utah Code § 78B-2-304(3) |
| Vermont | Two years from the discovery of the death. If the defendant is out of state, the time may be extended. If there is probable cause to charge someone with homicide for the death, the deadline is seven years after discovery of the death or two years after the criminal judgment becomes final, whichever is later. 14 V.S.A. § 1492(a) |
| Virginia | Two years after the death. If an earlier timely wrongful death action is dismissed without a decision on the merits, the time it was pending does not count (special rules apply to voluntary nonsuits). Va. Code § 8.01-244(B) |
| West Virginia | Two years after the death. W. Va. Code § 55-7-6(d) |
| Wisconsin | Three years for an action for death caused by the wrongful act, neglect or default of another. If the death arose from a motor vehicle accident, the deadline is two years after the cause of action accrues. Wis. Stat. § 893.54(1m)(b), (2m) |
| Wyoming | Two years after the death. Wyo. Stat. § 1-38-102(d) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.