What Is The Statute Of Limitations For Wrongful Death in Every State?

Each state in the country has its own deadline for filing wrongful death claims. For most states, you typically have two to three years to begin the process.

When it comes to personal injury and wrongful death claims, each state has a filing deadline. These are called the statutes of limitations. Not meeting the wrongful death statute of limitations in your state means you will be blocked from obtaining compensation for the loss of your loved one.

To avoid this serious consequence, it’s essential to understand the deadlines that apply to your case. Filing promptly protects your claim.

To get the peace of mind from knowing an expert legal team is ready to fight for your rights and get you the justice you deserve, schedule a free consultation.

What Is A Wrongful Death Claim?

A wrongful death action involves filing a civil suit against the party responsible for the decedent’s death. Meaning, when a person’s negligence or deliberate actions lead to another person’s death, the decedent’s surviving family members may sue them. Wrongful death claims can also include medical malpractice cases.

Our attorneys understand the challenges of filing these claims. Kyle Bachus wrote the book, Unthinkable, that addresses the catastrophic impact that these situations can have on your life. Get help from lawyers who understand the seriousness of this process.

What Is The “Date Of Discovery” In A Wrongful Death Lawsuit?

There must be a point when the timer starts to determine the limit to pursuing legal action. This point is often the death date; however, in some cases, the date of discovery would be when the window of opportunity to file a lawsuit begins.

The date of discovery refers to the date when the potential plaintiffs discovered their loved one died a wrongful death. When evidence emerges after the death occurs, the window for filing a claim is reset, extending the time limit for taking legal action.

Suppose a driver fails to stop their vehicle and strikes a pedestrian. The pedestrian dies. The initial evidence suggests that the driver did everything in their power to stop the vehicle. There’s no evidence of distracted driving, their blood alcohol level was zero, and video footage shows they attempted to apply the brakes.

However, once authorities investigated the brake’s failure, they determined that the vehicle’s owner knew their brakes were in terrible condition and didn’t replace them.

The date of discovery would apply to the date when authorities uncovered evidence of the owner’s negligence and choice to act without demonstrating a duty of care to motorists and pedestrians.

The victim’s family may not file a claim against the driver but may sue the vehicle’s owner.

The Statute of Limitations for Wrongful Death Claims by State

When considering the wrongful death statute of limitations by state, you will generally have one, two, or three years to file.

One-Year Wrongful Death Statute Of Limitations

The following states have a wrongful death statute of limitations of one year:

• Kentucky
• Louisiana
• Tennessee

Because these states have such short timelines, it’s essential to act as rapidly as possible.

Two-Year Wrongful Death Statute Of Limitations

The following states have a wrongful death statute of limitations of two years:

• Alabama
• Alaska
• Arizona
• California
• Colorado
• Connecticut
• Delaware
• District of Columbia
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Maine
• Nebraska
• Nevada
• New Jersey
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Pennsylvania
• Texas
• Utah
• Vermont
• Virginia
• West Virginia
• Wyoming

The majority of states fall into this category.

Three-Year Wrongful Death Statute Of Limitations

The following states have a wrongful death statute of limitations of three years:

• Arkansas
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• New Hampshire
• New Mexico
• Oregon
• Rhode Island
• South Carolina
• South Dakota
• Washington
• Wisconsin

Some states alter their statute of limitations based on the cause of death. For example, Colorado extends the statute of limitations to four years if the decedent was the victim of a hit-and-run accident.

Other states extend the statute of limitations for wrongful deaths resulting from intentional violence.

At What Point Does The Clock Start Ticking To File A Wrongful Death Claim?

File a wrongful death claim is subject to a time limit that either begins with the time of death or the date of discovery. However, some surviving family members may have to wait to file a wrongful death suit.

For example, Colorado permits a decedent’s surviving spouse to file a wrongful death suit immediately, but the decedent’s children must wait until 365 days from the death date before filing.

A wrongful death lawyer can ensure you qualify to file a lawsuit and file within the time allocated based on your relationship to the decedent.

Can You Toll The Statute Of Limitations For A Wrongful Death Claim?

Tolling the statute of limitations means stopping the clock. It’s possible to toll the statute of limitations when specific conditions apply to the case.

For example, if the would-be plaintiff is a minor, the statute of limitations doesn’t start until the plaintiff becomes an adult. The statute may also be tolled if fraud prevented the discovery of grounds to pursue a wrongful death claim.

How a Wrongful Death Attorney Can Help You

Hiring a wrongful death attorney enables you to proceed confidently with your wrongful death suit. When you hire wrongful death attorneys from the Elite Litigation Group, you’ll receive an expert assessment of your case and the potential compensation you could receive.

You will be dealing with grief and other stressors. Having to also worry about filing legal paperwork on time can feel impossible. We’ll look after all the legal steps when you hire our team to ensure your paperwork’s filed before the statute expires and lead negotiations with the defendant.

Contact Our Wrongful Death Attorneys For Assistance Today To Discuss Your Situation And Discover Your Options.

Key Takeaways

• Most states give you two or three years to file a wrongful death claim.
• The date of discovery can sometimes extend this deadline.
• Act quickly to avoid missing the deadline, which would prevent you from recovering losses.