Wrongful Death Statute of Limitations by State

Filing Deadlines Matter — Missing Them Is Permanent

The statute of limitations is the legal deadline for filing a wrongful death lawsuit. In every state, missing this deadline results in the permanent loss of the right to sue — the court will dismiss the case regardless of how strong the evidence is. There are almost no exceptions.

Filing deadlines range from one year (Tennessee, Kentucky) to six years (Maine). The majority of states set the deadline at two years from the date of death. A few states allow three years, including Michigan, Washington, Massachusetts, and Missouri.

These deadlines apply to the filing date of the lawsuit — not the date the family hires an attorney, not the date the investigation is complete, and not the date the family feels emotionally ready to proceed. The clock begins running on the date of death and does not pause for any personal reason.

State-by-State Filing Deadlines

StateDeadlineStatuteGov. Notice
Alabama2 yearsAla. Code § 6-5-4106 months
Arizona2 yearsA.R.S. § 12-542180 days
California2 yearsCCP § 335.16 months
Florida2 yearsFla. Stat. § 768.163 years (claim)
Georgia2 yearsO.C.G.A. § 9-3-336–12 months
Illinois2 years740 ILCS 180/21 year
Indiana2 yearsInd. Code § 34-23-1-1180 days
Massachusetts3 yearsMGL c. 260 § 2A2 years
Michigan3 yearsMCL § 600.5805120 days (highway)
Missouri3 yearsMo. Rev. Stat. § 537.100Varies
New Jersey2 yearsN.J.S.A. § 2A:31-390 days
New York2 yearsEPTL § 5-4.190 days
North Carolina2 yearsN.C.G.S. § 1-53(4)3 years (state)
Ohio2 yearsORC § 2125.022 years (Court of Claims)
Pennsylvania2 years42 Pa.C.S. § 55246 months
Tennessee1 yearTenn. Code § 28-3-1041 year
Texas2 yearsTex. Civ. Prac. § 16.0036 months
Virginia2 yearsVa. Code § 8.01-2441 year
Washington3 yearsRCW § 4.16.08060 days

This table covers states with dedicated pages on this site. All 50 states have wrongful death statutes with specific filing deadlines. If your state is not listed, consult with a local wrongful death attorney.

The Discovery Rule Exception

In most states, the statute of limitations begins running on the date of death. However, some states apply a discovery rule in cases where the cause of death was not immediately apparent. This is most common in medical malpractice cases, where the negligent act — such as a misdiagnosis, a surgical error, or a failure to treat — may not become apparent until months or years after the death.

Under the discovery rule, the statute of limitations begins running when the plaintiff knew or reasonably should have known that the death was caused by wrongful conduct. States that apply the discovery rule typically also have a statute of repose — an absolute outer limit regardless of when the negligence was discovered. For example, Florida has a four-year statute of repose for medical malpractice wrongful death cases.

Government Claims — Shorter Deadlines

Claims against government entities — including public hospitals, municipal transit systems, state highway departments, county jails, and federal agencies — are subject to shorter notice requirements than private defendants. These administrative notice requirements are separate from and often much shorter than the general statute of limitations.

In New York, the notice of claim must be filed within 90 days. In California, a government tort claim must be filed within six months. In Arizona, notice must be given within 180 days. Missing these administrative deadlines can permanently bar the lawsuit, even if the general statute of limitations has not yet expired.

If the death involved a government entity in any way — a public hospital, a government-owned vehicle, a public road design defect, a government building — consulting an attorney immediately is critical to preserve all available claims.

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Frequently Asked Questions

It varies by state, ranging from one year (Tennessee) to six years (Maine). Most states allow two years from the date of death. The deadline is strict — missing it permanently bars the claim.

In most states, the clock starts on the date of death. Some states apply a discovery rule for cases where the cause of death was not immediately apparent, starting the clock when the negligence was or should have been discovered.

In limited circumstances, yes. The discovery rule may extend the deadline in medical malpractice cases. Some states toll (pause) the statute for minors or for defendants who are out of state. But these exceptions are narrow — do not rely on them.

The court will almost certainly dismiss the case. Missing the statute of limitations permanently bars the claim in nearly all circumstances. This is why consulting an attorney promptly after a wrongful death is critical.

Yes, and it is usually shorter. Claims against government entities require administrative notice within 60 to 180 days in most states — much shorter than the general statute of limitations.