What is the wrongful death statute of limitations where you live?

The wrongful death statute of limitations is the deadline to file a lawsuit after someone dies because of another person's act or carelessness. In Arizona and Texas it is two years, counted from the death. Other states we checked run from one to three years. A claim against a city, county or the federal government can run out much sooner.

Last checked November 9, 2026 · Official sources (55)

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Quiet kitchen table with a folded cardigan on a chair and a wall calendar, for a family counting the wrongful death statute of limitations
Counting the days is hard in the middle of grief. Illustration only.

What is the wrongful death statute of limitations?

It is the deadline the law sets for filing a wrongful death lawsuit after a death caused by someone else's act or carelessness. When it passes, a court can refuse the case. Arizona's notice law uses the word barred for a claim that comes in late.

We are sorry for your family's loss. You do not have to decide anything today. But please write down the date of death and count forward from it.

States start the clock in different places. Arizona and Texas count from the death. A few states count from when the death or its cause was discovered.

How long do you have to file a wrongful death lawsuit in each state?

The table lists 40 states and the District of Columbia where we checked the official statute text on November 9, 2026. Each row cites its source. 26 give two years and 12 give three years, with exceptions noted in the rows.

StateDeadline to file
Alabama2 years
Alaska2 years
Arizona2 years
Arkansas3 years
California2 years
Connecticut2 years
Delaware2 years
District of Columbia2 years
Florida2 years
Hawaii2 years
Idaho2 years
Illinois2 years
Indiana2 years
Kansas2 years
Louisiana1 year from the death, or 2 years from the injury, whichever is longer
Maine3 years
Maryland3 years
Massachusetts3 years
Michigan3 years
Minnesota3 years
Missouri3 years
Montana3 years
Nebraska2 years
Nevada2 years
New Jersey2 years
New Mexico3 years
New York2 years
North Carolina2 years
North Dakota2 years
Ohio2 years
Oregon3 years from when the injury causing the death was discovered or should have been
Pennsylvania2 years
Rhode Island3 years
South Carolina3 years
Texas2 years
Utah2 years
Vermont2 years from discovery of the death
Virginia2 years
West Virginia2 years
Wisconsin3 years; 2 years if the death came from a motor vehicle accident
Wyoming2 years

Left out: Colorado, Georgia, Iowa, Kentucky, Mississippi, New Hampshire, Oklahoma, South Dakota, Tennessee, Washington. We could not confirm their rules from an official source this time, so we do not guess. Check the current statute or ask a lawyer. Rules can also change, and some states use shorter clocks for medical care, government defendants or certain crashes.

Why does the date of death matter so much?

In both Arizona and Texas the claim accrues at the death, not at the accident. A person hurt in a crash who dies months later still gives the family a clock that starts at the death. The injury claim itself may have started earlier, so ask a lawyer how the two fit together.

Desk with folders, reading glasses and a calendar where a family gathers papers before the wrongful death filing deadline
Death certificates, bills and reports can be gathered a little at a time. Illustration only.

What is the wrongful death statute of limitations in Arizona?

Two years after the death. The wrongful death statute lets a spouse, child, parent, guardian or personal representative bring the claim for the family.

If a city, county, school or state agency may be responsible, the clock is much shorter. A notice of claim must be filed within 180 days or the claim is barred, and the lawsuit must be filed within one year. A minor or an incompetent person may file the notice within 180 days after the disability ends.

What is the wrongful death statute of limitations in Texas?

Two years, and the claim accrues on the death. The claim is for the spouse, children and parents, and any one of them may file for all. After three months without a filing, the executor or administrator files unless all of those family members ask them not to.

Claims about medical care can run on a different clock. Texas says a health care liability claim must be filed within two years of the breach or the end of treatment. That date can come before the death, so ask a lawyer how it applies.

For a city, county or state agency, the government unit is entitled to notice within six months of the incident. Check for local notice rules too.

When is the deadline shorter than two years?

SituationDeadline
Arizona city, county, school or state agencyNotice in 180 days, suit in one year
Texas city, county or state agencyNotice within six months
Texas health care claimTwo years from the breach or end of treatment
Federal employee or agency, such as a postal truckWritten claim to the agency within two years
Wisconsin death from a motor vehicle accidentTwo years
LouisianaOne year from the death, or two years from the injury, whichever is longer

Count the shortest deadline that might apply, not the longest. If you are not sure who is responsible, ask early.

Can the wrongful death deadline be paused or extended?

Sometimes, but do not count on it. Arizona leaves out time while the person who could sue is under 18 or of unsound mind for some deadlines. Texas does the same for a legal disability such as being under 18. We did not find a clear answer on whether those rules help a child in a death claim, so ask a lawyer.

Ask a lawyer too whether a criminal case changes your civil deadline. Do not assume it does.

What should my family do first after a wrongful death?

  1. Write down the date of death and the date two years later. Then mark any shorter date, like a 180-day notice.
  2. Ask for the death certificate and the police or incident report. Keep funeral bills in one folder.
  3. Do not sign a release or give a recorded statement to an insurer yet.
  4. Talk to a lawyer early enough to send notices and keep evidence. Video and records can be erased.
  5. Apply for Social Security survivor benefits. The $255 death payment must be claimed within two years.

Grief can make deadlines feel cruel. If you are struggling, you can call or text 988 at any hour.

What happens if we miss the wrongful death deadline?

Usually the court can dismiss the case and the right to sue is gone. Arizona calls a late notice barred, and federal law says a late federal claim is forever barred. An insurer may still choose to pay, but it does not have to.

Questions

What is the wrongful death statute?

It is the state law that lets a family sue when a death was caused by someone else's act or carelessness. In Arizona a spouse, child, parent, guardian or personal representative brings the claim, and in Texas the spouse, children and parents may.

How long do you have to file a wrongful death lawsuit in Arizona?

Two years, counted from the death.

How long do you have to file a wrongful death lawsuit in Texas?

Two years, and the claim accrues on the death.

Does the clock start at the accident or at the death?

In Arizona and Texas it starts at the death. A few states start it at discovery.

Can we wait for the criminal case to end?

Do not assume the criminal case stops the civil clock. Ask a lawyer, and mark the earliest civil deadline on a calendar now.

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Sources (55)

  1. A.R.S. § 12-542(2), checked 2026-11-09. “2. For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured.”
  2. Tex. Civ. Prac. & Rem. Code § 16.003(b), checked 2026-11-09. “A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.”
  3. A.R.S. § 12-821.01(A), checked 2026-11-09. “Any claim that is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon.”
  4. A.R.S. § 12-821, checked 2026-11-09. “All actions against any public entity or public employee shall be brought within one year after the cause of action accrues and not afterward.”
  5. Tex. Civ. Prac. & Rem. Code § 101.101(a), checked 2026-11-09. “A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred.”
  6. 28 U.S.C. § 2401(b), checked 2026-11-09. “A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues”
  7. 14 V.S.A. § 1492(a), checked 2026-11-09. “commenced within two years from the discovery of the death of the person”
  8. ORS § 30.020(1), checked 2026-11-09. “The action shall be commenced within three years after the injury causing the death of the decedent is discovered or reasonably should have been discovered”
  9. Ala. Code § 6-5-410(d), checked 2026-11-09. “The action must be commenced within two years from and after the death of the testator or intestate.”
  10. Alaska Stat. § 09.55.580(a), checked 2026-11-09. “The action shall be commenced within two years after the death”
  11. Ark. Code Ann. § 16-62-102(c)(1), checked 2026-11-09. “Every action authorized by this section shall be commenced within three (3) years after the death of the person alleged to have been wrongfully killed”
  12. Cal. Civ. Proc. Code § 335.1, checked 2026-11-09. “Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
  13. Conn. Gen. Stat. § 52-555(a), checked 2026-11-09. “provided no action shall be brought to recover such damages and disbursements but within two years from the date of death”
  14. 10 Del. C. § 8107, checked 2026-11-09. “No action to recover damages for wrongful death or for injury to personal property shall be brought after the expiration of 2 years from the accruing of the cause of such action.”
  15. D.C. Code § 16-2702, checked 2026-11-09. “within 2 years after the death of the person injured”
  16. Fla. Stat. § 95.11(5)(e), checked 2026-11-09. “(5) WITHIN TWO YEARS. [...] (e) An action for wrongful death.”
  17. Haw. Rev. Stat. § 663-3, checked 2026-11-09. “Any action brought under this section shall be commenced within two years from the date of death of the injured person”
  18. Idaho Code § 5-219(4), checked 2026-11-09. “Within two (2) years: [...] 4. An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another”
  19. 740 ILCS 180/2(d), checked 2026-11-09. “every such action shall be commenced within 2 years after the death of such person”
  20. Ind. Code § 34-23-1-1, checked 2026-11-09. “the action shall be commenced by the personal representative of the decedent within two (2) years”
  21. K.S.A. § 60-513(a)(5), checked 2026-11-09. “The following actions shall be brought within two years: [...] (5) An action for wrongful death.”
  22. La. Civ. Code art. 2315.2(B), checked 2026-11-09. “The right of action granted by this Article prescribes one year from the death of the deceased or two years from the day that injury or damage is sustained, whichever is longer.”
  23. 18-C M.R.S. § 2-807, checked 2026-11-09. “An action under this section must be commenced within 3 years after the decedent's death”
  24. Md. Code, Cts. & Jud. Proc. § 3-904(g)(1), checked 2026-11-09. “an action under this subtitle shall be filed within three years after the death of the injured person.”
  25. M.G.L. c. 229, § 2, checked 2026-11-09. “An action to recover damages under this section shall be commenced within three years from the date of death”
  26. MCL § 600.5805(2), checked 2026-11-09. “the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person or for injury to a person or property.”
  27. Minn. Stat. § 573.02, subd. 1, checked 2026-11-09. “Any other action under this section may be commenced within three years after the date of death”
  28. Mo. Rev. Stat. § 537.100, checked 2026-11-09. “Every action instituted under section 537.080 shall be commenced within three years after the cause of action shall accrue”
  29. Mont. Code Ann. § 27-2-204(2), checked 2026-11-09. “The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years”
  30. Neb. Rev. Stat. § 30-810, checked 2026-11-09. “shall be commenced within two years after the death of such person.”
  31. NRS § 11.190(4)(e), checked 2026-11-09. “4. Within 2 years: [...] an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another.”
  32. N.J.S.A. 2A:31-3, checked 2026-11-09. “Every action brought under this chapter shall be commenced within 2 years after the death of the decedent”
  33. N.M. Stat. Ann. § 41-2-2, checked 2026-11-09. “must be brought within three years after the cause of action accrues. The cause of action accrues as of the date of death.”
  34. N.Y. E.P.T.L. § 5-4.1(1), checked 2026-11-09. “Such an action must be commenced within two years after the decedent's death”
  35. N.C. Gen. Stat. § 1-53(4), checked 2026-11-09. “Within two years - [...] (4) Actions for damages on account of the death of a person caused by the wrongful act, neglect or fault of another”
  36. N.D. Cent. Code § 28-01-18(4), checked 2026-11-09. “the following actions must be commenced within two years after the claim for relief has accrued: [...] 4. An action for injuries done to the person of another, when death ensues from such injuries”
  37. Ohio Rev. Code § 2125.02, checked 2026-11-09. “a civil action for wrongful death shall be commenced within two years after the decedent's death.”
  38. 42 Pa.C.S. § 5524(2), checked 2026-11-09. “The following actions and proceedings must be commenced within two years: [...] (2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.”
  39. R.I. Gen. Laws § 10-7-2(c), checked 2026-11-09. “every action brought pursuant to this chapter shall be commenced within three (3) years after the death of the person.”
  40. S.C. Code § 15-3-530(6), checked 2026-11-09. “Within three years: [...] (6) an action under Sections 15-51-10 to 15-51-60 for death by wrongful act, the period to begin to run upon the death of the person on account of whose death the action is brought”
  41. Utah Code § 78B-2-304(3), checked 2026-11-09. “An action may be brought within two years: [...] (3) for recovery of damages for a death caused by the wrongful act or neglect of another”
  42. Va. Code § 8.01-244(B), checked 2026-11-09. “Every action under § 8.01-50 shall be brought by the personal representative of the decedent within two years after the death of the injured person.”
  43. W. Va. Code § 55-7-6(d), checked 2026-11-09. “Every such action shall be commenced within two years after the death of such deceased person”
  44. Wis. Stat. § 893.54(1m)(b), checked 2026-11-09. “the following actions shall be commenced within 3 years or be barred: [...] An action brought to recover damages for death caused by the wrongful act, neglect or default of another.”
  45. Wis. Stat. § 893.54(2m), checked 2026-11-09. “shall be commenced within 2 years after the cause of action accrues or be barred.”
  46. Wyo. Stat. § 1-38-102(d), checked 2026-11-09. “An action for wrongful death shall be commenced within two (2) years after the death of the decedent.”
  47. A.R.S. § 12-612(A), checked 2026-11-09. “An action for wrongful death shall be brought by and in the name of the surviving husband or wife, child, parent or guardian, or personal representative of the deceased person”
  48. A.R.S. § 12-821.01(D), checked 2026-11-09. “a minor or an insane or incompetent person may file a claim within one hundred eighty days after the disability ceases.”
  49. Tex. Civ. Prac. & Rem. Code § 71.004(a)-(b), checked 2026-11-09. “The surviving spouse, children, and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all.”
  50. Tex. Civ. Prac. & Rem. Code § 71.004(c), checked 2026-11-09. “If none of the individuals entitled to bring an action have begun the action within three calendar months after the death of the injured individual, his executor or administrator shall bring and prosecute the action unless requested not to by all those individuals.”
  51. Tex. Civ. Prac. & Rem. Code § 74.251(a), checked 2026-11-09. “no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed”
  52. A.R.S. § 12-502, checked 2026-11-09. “is at the time the cause of action accrues either under eighteen years of age or of unsound mind, the period of such disability shall not be deemed a portion of the period limited for commencement of the action.”
  53. Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-09. “If a person entitled to bring a personal action is under a legal disability when the cause of action accrues, the time of the disability is not included in a limitations period.”
  54. Social Security Administration, checked 2026-11-09. “You must apply for this payment within 2 years of the family member's death.”
  55. National Institute of Mental Health, checked 2026-11-09. “call or text the 988 Suicide & Crisis Lifeline at 988 or chat at 988lifeline.org”

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