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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
1 Year (up to 2 via § 413.180)
1 Year
2 Years
Ala. Code § 6-2-38(a)
✓ Verified
2 Years
2 Years
A.R.S. § 12-542(2)
✓ Verified
2 Years
2 Years
C.R.S. § 13-21-204
✓ Verified
2 Years (5-yr repose)
2 Years
10 Del. C. § 8107
✓ Verified
2 Years
D.C. Code § 16-2702
✓ Verified
2 Years
2 Years
O.C.G.A. § 9-3-33
✓ Verified
2 Years
2 Years
2 Years
740 ILCS 180/2
✓ Verified
2 Years
Ind. Code § 34-23-1-1
✓ Verified
2 Years
Iowa Code § 614.1(2)
✓ Verified
2 Years
1 yr from death or 2 yrs from injury (longer)
2 Years
2 Years
2 Years
N.J.S.A. § 2A:31-3
✓ Verified
2 Years
2 Years
2 Years
2 Years
2 Years
12 O.S. § 1053
✓ Verified
2 Years
42 Pa.C.S. § 5524(2)
✓ Verified
2 Years
2 Years
Utah Code § 78B-2-304
✓ Verified
2 Years
14 V.S.A. § 1492
Unverified
2 Years
2 Years
2 Years
Wyo. Stat. § 1-38-102
✓ Verified
3 Years
Ark. Code § 16-62-102
✓ Verified
3 Years
18-C M.R.S. § 2-807
✓ Verified
3 Years
3 Years
3 Years
3 Years
Minn. Stat. § 573.02
✓ Verified
3 Years
Miss. Code § 11-7-13
✓ Verified
3 Years
3 Years
3 Years
3 Years
NMSA 1978, § 41-2-2
✓ Verified
3 Years
ORS § 30.020
✓ Verified
3 Years
3 Years
3 Years
SDCL § 21-5-3
✓ Verified
3 Years
RCW 4.16.080(2)
✓ Verified
3 Years

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.

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.

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