Wrongful death · All 50 states + DC
Short answer: in most states, a wrongful death lawsuit must be filed within two or three years (48 of the 51 jurisdictions), usually counted from the date of death. The shortest deadline is one year, in Kentucky and Tennessee, and both allow more time in some cases (Louisiana also keeps one year for medical malpractice deaths); the longest is three years, in 16 states. In most states the claim is brought by the personal representative of the estate (the executor or administrator) on behalf of the family. In others, the spouse, children or parents file it directly.
A wrongful death claim is a lawsuit by the family of a person killed by someone else’s negligence or wrongful act, such as a drunk driver or a trucking company that skipped brake repairs. It is separate from any criminal case. A driver can be acquitted, or never charged, and still be found liable in a civil case, which needs a lower standard of proof.
The table below gives, for every state and DC, the general deadline for a wrongful death claim after a fatal accident, when the clock starts and who may file. Each row links to the statute. Last checked: October 17, 2026.
Wrongful death deadline and who files, by state
| State | Deadline | Clock starts | Who files | Statute |
|---|---|---|---|---|
| Alabama | 2 years | Death | Personal representative | Ala. Code § 6-5-410(d) |
| Alaska | 2 years | Death | Personal representative | Alaska Stat. § 09.55.580(a) |
| Arizona | 2 years | Death | Spouse, child, parent or personal representative | A.R.S. § 12-542(2) |
| Arkansas | 3 years | Death | Personal representative; heirs if none | Ark. Code Ann. § 16-62-102(c)(1) |
| California | 2 years | Death | Spouse or partner, children (others if none), or the personal representative for them | Cal. Civ. Proc. Code § 335.1 |
| Colorado | 2 years | Death 4 years if the driver committed vehicular homicide and left the scene. | Year 1: the spouse (or heirs, if the spouse elects or there is no spouse); year 2: spouse, heirs or designated beneficiary | C.R.S. § 13-80-102(1)(d) and (2); accrual § 13-80-108(2) |
| Connecticut | 2 years | Death No suit more than 5 years after the act or omission. | Executor or administrator | Conn. Gen. Stat. § 52-555(a) |
| Delaware | 2 years | Death (generally) | Not specified; the claim benefits the spouse, parents, children and siblings | 10 Del. C. § 8107 |
| District of Columbia | 2 years | Death | Personal representative | D.C. Code § 16-2702 |
| Florida | 2 years | Death | Personal representative | Fla. Stat. § 95.11(5)(e) |
| Georgia | 2 years | Death | Spouse; children if none; then parents or estate | O.C.G.A. § 9-3-33 |
| Hawaii | 2 years | Death | Legal representative, or a listed survivor directly | Haw. Rev. Stat. § 663-3 |
| Idaho | 2 years | The act or occurrence, per the statute (some courts count from death) | Heirs, or personal representative for them | Idaho Code § 5-219(4) |
| Illinois | 2 years | Death | Personal representative | 740 ILCS 180/2 |
| Indiana | 2 years | Death | Personal representative | Ind. Code § 34-23-1-1 |
| Iowa | 2 years | Death (discovery rule applies) | Personal representative | Iowa Code § 614.1(2) |
| Kansas | 2 years | Death (discovery rule applies) | Any heir who suffered a loss, for all heirs | K.S.A. § 60-513(a)(5) |
| Kentucky | 1 year | Appointment of the personal representative (at the latest 1 year after death) Car crashes: 2 years from the injury, the death or the last no-fault payment, whichever is latest (KRS 304.39-230(6)). | Personal representative | KRS 413.180 (with 413.140(1)(a)); car crashes: KRS 304.39-230(6) |
| Louisiana | 1–2 years | The longer of 1 year from death or 2 years from the injury Changed in 2025 (Acts 176 and 488); many sources still say 1 year. Medical malpractice deaths: 1 year from death. | Survivors directly, in ranked classes | La. Civ. Code art. 2315.2(B) |
| Maine | 3 years | Death Raised from 2 to 3 years in 2023. | Personal representative | Me. Rev. Stat. tit. 18-C, § 2-807(2) |
| Maryland | 3 years | Death | Spouse, parent or child directly | Md. Code, Cts. & Jud. Proc. § 3-904(g)(1) |
| Massachusetts | 3 years | Death, or when the executor knew or should have known of the claim | Executor or administrator | Mass. Gen. Laws ch. 229, § 2 |
| Michigan | 3 years | Death or injury A saving rule can give an estate extra time after letters of authority are issued. | Personal representative | Mich. Comp. Laws § 600.5805(2) |
| Minnesota | 3 years | Death No suit more than 6 years after the act or omission. | Court-appointed trustee | Minn. Stat. § 573.02, subd. 1 |
| Mississippi | 3 years | Death One suit for all. | Personal representative, or spouse, parent, child or sibling | Miss. Code Ann. § 15-1-49(1) |
| Missouri | 3 years | Death | Spouse, children or parents; then siblings | Mo. Rev. Stat. § 537.100 |
| Montana | 3 years | Death 10 years when the death was a homicide. | Personal representative | Mont. Code Ann. 27-2-204(2) |
| Nebraska | 2 years | Death | Personal representative | Neb. Rev. Stat. 30-810 |
| Nevada | 2 years | Death | Heirs or personal representative | Nev. Rev. Stat. 11.190(4)(e) |
| New Hampshire | 3 years | The act or omission (discovery rule) RSA 556:11 allows 6 years after the death but makes it subject to the 3-year rule of RSA 508:4; ask a lawyer how the two interact. | Administrator of the estate | RSA 556:11 + RSA 508:4(I) |
| New Jersey | 2 years | Death No time limit after a conviction for murder or manslaughter. | Administrator ad prosequendum or executor | N.J. Stat. Ann. 2A:31-3 |
| New Mexico | 3 years | Death | Personal representative | N.M. Stat. Ann. 41-2-2 |
| New York | 2 years | Death At least 1 year after a related criminal case against the same defendant ends. Bills to lengthen the deadline (the Grieving Families Act) have been vetoed; not law as of October 2026. | Personal representative | N.Y. EPTL 5-4.1(1) |
| North Carolina | 2 years | Death | Personal representative | N.C. Gen. Stat. 1-53(4) |
| North Dakota | 2 years | Death | Spouse, children, parent, grandparent, then personal representative, in order | N.D. Cent. Code 28-01-18(4) |
| Ohio | 2 years | Death | Personal representative | Ohio Rev. Code 2125.02(F)(1) |
| Oklahoma | 2 years | Death | Personal representative; spouse or next of kin if none | 12 Okla. Stat. 1053(A) |
| Oregon | 3 years | Discovery of the injury that caused death No later than 3 years after the death, or earlier if a statute of repose runs first. | Personal representative | Or. Rev. Stat. 30.020(1) |
| Pennsylvania | 2 years | Death | Personal representative; any beneficiary after 6 months | 42 Pa.C.S. 5524(2) |
| Rhode Island | 3 years | Death (or discovery of the wrongful act) | Executor or administrator; beneficiaries after 6 months | R.I. Gen. Laws 10-7-2(c) |
| South Carolina | 3 years | Death | Executor or administrator | S.C. Code Ann. 15-3-530(6) |
| South Dakota | 3 years | Death | Personal representative | S.D. Codified Laws 21-5-3 |
| Tennessee | 1 year | Generally the fatal injury 2 years if criminal charges are brought against anyone alleged to have caused the injury, and in some other criminal-case situations. | Personal representative or spouse; else children or next of kin | Tenn. Code Ann. 28-3-104(a)(1)(A) |
| Texas | 2 years | Death Executor may sue if no family member does within 3 months. | Spouse, children and parents directly | Tex. Civ. Prac. & Rem. Code 16.003(b) |
| Utah | 2 years | Death | Heirs, or personal representative for them | Utah Code 78B-2-304(3) |
| Vermont | 2 years | Discovery of the death 7 years when the death was a homicide. | Personal representative | 14 V.S.A. 1492(a) |
| Virginia | 2 years | Death | Personal representative | Va. Code 8.01-244(B) |
| Washington | 3 years | Death | Personal representative | Rev. Code Wash. 4.16.080(2) |
| West Virginia | 2 years | Death (discovery rule applies) | Personal representative | W. Va. Code 55-7-6(d) |
| Wisconsin | 2 years | Death 2 years for deaths from motor vehicle accidents; 3 years for other wrongful deaths. | Personal representative, or the family member entitled to recover | Wis. Stat. 893.54(2m) |
| Wyoming | 2 years | Death | Court-appointed wrongful death representative | Wyo. Stat. 1-38-102(d) |
In numbers: 31 states and DC give 2 years, 16 states give 3, Louisiana gives 1 or 2 depending on the dates, and Kentucky and Tennessee give 1. No state gives more than 3 years as its general rule for a death caused by negligence.
Recent changes and special cases
- Louisiana (2025). The wrongful death deadline is now the longer of one year from the death or two years from the injury (Civil Code art. 2315.2(B), as amended by Acts 176 and 488 of 2025). Many pages still say one year. Deaths from medical malpractice keep the one-year rule. If the death happened before the change, ask a lawyer which rule applies.
- Maine (2023). The deadline went from two to three years after the death (Public Law 2023, chapter 390).
- Wisconsin. Deaths from motor vehicle accidents have two years; other wrongful deaths have three (Wis. Stat. § 893.54(1m)(b) and (2m)). The table shows the motor vehicle rule.
- Kentucky. The general rule is one year from the appointment of the personal representative, but deaths from car crashes covered by the no-fault law have two years from the injury, the death or the last no-fault payment, whichever comes last.
- New Hampshire. The estate brings the claim the person would have had. RSA 556:11 allows six years after the death, but makes it subject to the general three-year rule of RSA 508:4, which runs from the act or omission. How the two fit together depends on the facts; ask a lawyer early.
- Homicide. Many states allow more time when the death was a crime. Examples: no limit in New Jersey after a conviction for murder or manslaughter, 10 years in Montana, 7 years in Vermont, and 4 years in Colorado when a driver committed vehicular homicide and fled. Several other states have similar rules.
- New York. The deadline is still two years. The Grieving Families Act, which would lengthen it and add damages for grief, has been passed by the legislature and vetoed several times; it was not law when this table was checked.
Wrongful death vs. survival action
After a fatal accident there are often two claims, and families mix them up:
| Wrongful death | Survival action | |
|---|---|---|
| Whose loss | The family’s: lost financial support, services, and in most states companionship and guidance | The person who died: medical bills, lost wages and pain before death |
| Who files | Set by the wrongful death statute (see table) | The personal representative of the estate |
| Where the money goes | To the family members the statute names | Into the estate, then by will or inheritance law |
The two are usually filed together, but they can have different deadlines. When a person dies some time after the accident, the survival claim can be governed by the injury deadline in the personal injury table.
Who can file, and who receives the money
States follow two basic models:
- Personal representative files. The executor named in the will, or an administrator appointed by the probate court, brings the claim. Any recovery goes to the family members the statute lists, usually the spouse and children first, then parents. In these states someone usually has to open an estate in probate court before the lawsuit can be filed. That step takes time, so it eats into the deadline.
- Family members file directly. The statute names who may sue, often in order of priority: the spouse, then children, then parents. Some states let any of them file on behalf of all.
Which relatives can recover is a separate question from who files. Many states limit it to the spouse, children and parents. Some include siblings, dependents or anyone who was financially dependent on the person who died. The row for your state names the statute; read it, or ask a lawyer, before assuming a relative is included.
When the clock starts
In most states the deadline runs from the date of death, not the date of the accident. If an injured person dies months later, the family’s wrongful death clock usually starts then. A few states count from the injury instead, which means part of the time may be gone before death occurs. The “Clock starts” column shows which rule your state uses.
Exceptions that change the deadline
- Government defendants. If a city vehicle or a public road was involved, a formal notice of claim is usually due within months, long before the general deadline. Federal vehicles fall under the Federal Tort Claims Act: two years to file an administrative claim (28 U.S.C. § 2401(b)).
- Medical malpractice. If the death came from treatment rather than the accident itself, the malpractice deadline and its outer limit may apply.
- Deaths at sea. A death on the high seas more than 3 nautical miles from shore is covered by federal law, with a 3-year deadline. See the maritime guide.
- Criminal cases. Some states extend the deadline when the death led to a criminal prosecution. Do not count on it unless the statute for your state says so.
A criminal prosecution of the driver can take years. In most states it does not pause the civil deadline. Families who wait for the verdict before speaking to a lawyer can lose the civil claim.
How this table was checked
Each row was read in the state’s own code: the official legislature site where it could be opened, otherwise a free legal library copy (Justia, FindLaw, public.law or Cornell’s LII), which is the copy the row links to. Rows were then compared with Justia’s 50-state survey, and every difference was resolved in favour of the statute text. An independent second check went row by row with one instruction: find errors. The deadline shown is the general one for a negligence death, such as a car crash. If you find a row that is out of date, send the link to the new law.
Questions
Can a wrongful death claim be filed if no one was charged with a crime?
Yes. The civil claim does not depend on a criminal charge or conviction. The family has to prove negligence on the “more likely than not” standard, which is lower than the criminal standard.
Does the deadline change if the family did not know who was at fault?
Some states apply a discovery rule, so the clock starts when the family knew or should have known of the claim. Many states do not apply it to wrongful death at all. Check your state’s statute and case law with a lawyer before relying on it.
Can parents file for the death of an adult child?
In many states, yes, if there is no surviving spouse or child, and sometimes alongside them. The order of priority is set by each state’s statute.
How are wrongful death lawyers paid?
Usually on contingency, a percentage of what is recovered. See how contingency fees work.
Related guides
- Personal injury statute of limitations by state.
- Comparative negligence by state: how the victim’s own share of fault counts.
- Truck accident liability.
General information, not legal advice. Deadlines have exceptions that depend on the facts; check the statute or ask a licensed attorney in your state.