What Is the Statute of Limitations for Wrongful Death Claims?

Family members have a lot on their minds after losing a loved one. You have to deal with funeral arrangements and handling the estate. The emotional toll can make it hard to think about anything else. However, you only have a certain amount of time to file a wrongful death lawsuit on behalf of your deceased family member.

If your loved one died because of someone’s negligence, you have to file your wrongful death claim within the statute of limitations. To find out about the time limit in your case, talk to a wrongful death lawyer.

Why the Statute of Limitations Matters in Wrongful Death Cases

If a careless driver injures you in a truck accident, you can file a personal injury claim for compensation. But in a fatal accident, the victim isn’t alive to hold the negligent driver responsible. Wrongful death lawsuits give family members a cause of action to get compensation for a fatal accident.

Like medical malpractice and personal injury cases, states limit how long you can file a wrongful death lawsuit. This time limit is the statute of limitations. It can change depending on the type of claim and state law.

The statute of limitations generally varies from one to four years from the date of death or wrongful act. Family members or personal representatives of the estate have to file a wrongful death action within that amount of time. If you wait too long, the court can dismiss the case.

It may not seem fair to put a deadline on how long you have to hold the responsible party liable for a fatal accident. But there are reasons for statute of limitations laws. Over time, memories fade, and evidence can be lost.

State-by-State Wrongful Death Statutes of Limitations

The statute of limitations for wrongful death cases differs depending on where you live. Below are the general filing deadlines for wrongful death claims by state:

• Alabama: 2 years
• Alaska: 2 years
• Arizona: 2 years
• Arkansas: 3 years
• California: 2 years
• Colorado: 2 years (4 years for a fatal hit-and-run accident)
• Connecticut: 2 years
• Delaware: 2 years
• Florida: 2 years
• Georgia: 2 years
• Hawaii: 2 years
• Idaho: 2 years
• Illinois: 2 years
• Indiana: 2 years
• Iowa: 2 years
• Kansas: 2 years
• Kentucky: 1 year after appointing a personal representative (or 2 years if the representative is not appointed within one year)
• Louisiana: 1 year
• Maine: 2 years (6 years for homicide)
• Maryland: 3 years
• Massachusetts: 3 years
• Michigan: 3 years
• Minnesota: 3 years
• Mississippi: 3 years
• Missouri: 3 years
• Montana: 3 years (10 years for homicide)
• Nebraska: 2 years
• Nevada: 2 years
• New Hampshire: 3 years
• New Jersey: 2 years
• New Mexico: 3 years
• New York: 2 years
• North Carolina: 2 years
• North Dakota: 2 years
• Ohio: 2 years
• Oklahoma: 2 years
• Oregon: 3 years
• Pennsylvania: 2 years
• Rhode Island: 3 years
• South Carolina: 3 years
• South Dakota: 3 years
• Tennessee: 1 year
• Texas: 2 years
• Utah: 2 years
• Vermont: 2 years
• Virginia: 2 years
• Washington: 3 years
• Washington, D.C.: 2 years
• West Virginia: 2 years
• Wisconsin: 3 years (2 years for fatal car accidents)
• Wyoming: 2 years

This is a guideline of general time limits by state. However, wrongful death laws can change. There are also exceptions and shorter or longer time limits, depending on the situation. For up-to-date information about the statute of limitations in your case, talk to a local personal injury lawyer who focuses on wrongful death cases.

Exceptions and Special Circumstances for the Statute of Limitations

Exceptions and special circumstances may give you more or less time to file a wrongful death lawsuit. Exceptions with different deadlines include:

• More time for homicide cases
• More or less time for fatal car accidents
• Late discovery of the cause of death
• More time for fatal hit-and-run accidents
• More time for fatal occupational diseases

Late Discovery of What Caused the Person’s Death

The discovery rule gives some people more time to file a wrongful death suit. If the cause of death isn’t clear, surviving family members may have more time to file a claim. In some cases, the statute of limitations begins to run from the time the representative knew or should have known about the cause of death.

Even with more time for later discovery, some states have a maximum time limit. For example, Connecticut limits wrongful death cases to no later than five years after the decedent’s death.

Claims Against Government Entities or Agencies

Family members may have less time to file a wrongful death claim against government agencies. Many city, state, and federal agencies have shorter notice requirements for wrongful death claims.

For example, Georgia has a general two-year statute of limitations for wrongful death. However, if the surviving spouse files a wrongful death suit against a Georgia state agency, they have to give notice of the claim within 12 months from the date of death.

Consequences of Missing the Deadline

Statutes of limitations are strict deadlines. Even filing a lawsuit one day too late can be the difference between recovering compensation and getting nothing. The insurance company or negligent party will file a motion to dismiss your case. If you miss the deadline, you can lose your legal right to compensation.

How a Wrongful Death Lawyer Can Help

Contact a wrongful death attorney as soon as you find out your loved one’s death was caused by negligence. A lawyer can explain your legal options and make sure to file your case in time. If you think you missed the deadline, your lawyer can see if any exceptions give you more time. For legal advice about the statute of limitations, contact an experienced wrongful death attorney.