Wrongful Death Statute of Limitations
Claims brought by survivors when a person's death was caused by another's negligent or wrongful act.
Shortest
1
years, sourced states
Most Common
2
years, sourced states
Longest
3
years, sourced states
Figures reflect only the states sourced so far — they are not a national range until every jurisdiction is on file.
Filing window by state
State
Time Limit
Citation
What Does Wrongful Death Cover?
01
Fatal vehicle or workplace accidents
02
Death from medical negligence
03
Death caused by a defective product
04
Death from criminal or intentional acts
Rules That Affect Your Deadline
Factors that can change when the clock starts or how much time you actually have.
01
Clock starts at death
The deadline generally runs from the date of death, not the underlying injury.
02
Distinct from survival actions
A separate survival claim for the decedent's own injuries may run on a different clock.
03
Government notice still applies
A death involving a public employee or agency triggers the same shorter notice period.
Most Searched States for Wrongful Death
Common Questions About Wrongful death Deadlines
What is the statute of limitations for wrongful death?
It depends on the state. Across the 50 jurisdictions with a verified figure, the deadline for wrongful death ranges from 1 year to 3 years, and 2 years is the most common.
Which state has the shortest statute of limitations for wrongful death?
Kentucky and Tennessee — 1 year.
Which state has the longest statute of limitations for wrongful death?
Arkansas, Maine, Maryland, Massachusetts, Michigan, Minnesota and 11 others — 3 years.
Can the statute of limitations for wrongful death be extended?
Sometimes. Common factors that change the deadline include: clock starts at death; distinct from survival actions; government notice still applies. How they apply varies by state.
Explore Other Case Types
See every claim type charted for Florida with full citations and notes.
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