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Wrongful Death

ALABAMA

2 Years 2 Years with occurrence rule

ALASKA

2 Years SOL: 2 Years
SOR: 10 Years, except for defective products

ARIZONA

2 Years 2 Years from date of death

ARKANSAS

3 Years 3 Years

CALIFORNIA

1 Year 1 Year
Exceptions: Death from exposure to asbestos or medical malpractice

COLORADO

2 Years 2 Years

CONNECTICUT

2 Years 2 Years from date of death but no more than 5 years from date of act complained of

DELAWARE

2 Years 2 years from accrual with Discovery Rule

DISTRICT OF COLUMBIA

1 Year 1 Year from Date of Death

FLORIDA

2 Years

2 years from date of death. (Florida's delayed discovery rule found not to apply to extend accrual date in wrongful death action brought by family of decedent against manufacturer of insecticide, alleging that insecticide sprayed in decedent's neighborhood caused decedent's death; a plain reading of the statutory text demonstrated that the delayed discovery rule applied only to products liability actions, not wrongful death actions.)

 

GEORGIA

2 Years 2 years from date of death

HAWAII

2 Years 2 Years from date of death

IDAHO

2 Years 2 years from Date of Occurrence

ILLINOIS

2 Years 2 years from date of death, except for fraudulent concealment which is 5 years from date of claim

IOWA

2 Years 2 Years with Discovery Rule

KANSAS

2 Years 2 Years with Discovery Rule

KENTUCKY

1 year from appointment of personal representative.  If none appointed within 1 year from death, then 2 years from date of death.  2 years for motor vehicle accident.

MAINE

2 Years 2 Years

MARYLAND

3 years from date of death unless caused by occupational disease whereupon shorter of 10 years from death or 3 years from time the cause of death is discovered. (Note: A Maryland appellate court has ruled that a widow’s wrongful death action was timely if she was unaware that her late husband’s mesothelioma was caused by asbestos exposure.)  

MASSACHUSETTS

3 Years 3 years with Discovery Rule

MICHIGAN

3 Years 3 years with Occurrence Rule.

MINNESOTA

3 Years 3 Years after death and 6 Years after act or omission causing death

MISSISSIPPI

3 Years 3 years – however, 1 year when caused by intentional tort

MISSOURI

3 Years 3 years with Accrual Rule

MONTANA

3 Years 3 years with same tolling provision exemption as Negligence/Personal Injury

NEBRASKA

2 years except appears to be 4 years in products liability cases only

NEVADA

2 Years 2 years with Discovery Rule

NEW HAMPSHIRE

3 Years 3 years with Discovery Rule

NEW JERSEY

2 Years 2 years with Discovery Rule, provided that normal limitation for personal injury has not run before death. Minor from birth: until age 12. No SOL if death caused by murder or manslaughter.
NOTE: New Jersey is one of the states that counts the date of the occurrence or accident in the computation of the statute of limitations.

NEW MEXICO

3 Years SOL: 3 years from date of death (§41-2-2) with Discovery Rule.

NEW YORK

2 Years 2 years from date of death.

NORTH CAROLINA

2 Years 2 years.

NORTH DAKOTA

2 Years 2 years with Discovery Rule, runs from date of death unless death from malpractice.

OHIO

2 Years 2 years with Discovery Rule.

OKLAHOMA

2 Years 2 years with Discovery rule

OREGON

 3 years with occurrence rule.  2 years for personal injury in wrongful death when brought by personal representative.

PENNSYLVANIA

2 Years 2 years. The statute of limitations on survival action begins to run when the decedent, and not his representatives, could have discovered his injury and its cause through the exercise of reasonable diligence. The discovery rule is not needed in a wrongful death case to prevent the statute of limitations from working an injustice on a reasonably diligent plaintiff. Principle that limitations period for bringing wrongful death and survival actions was not to be extended by discovery rule did not violate remedies, due process, and equal protection clauses of the State Constitution nor the privileges and immunities, due process, and equal protection.

PUERTO RICO

1 Year 1 Year

RHODE ISLAND

3 Years 3 years from injury or death with Discovery Rule

SOUTH CAROLINA

3 Years 3 years with Discovery Rule.

SOUTH DAKOTA

3 Years 3 years with Discovery Rule.

TENNESSEE

1 Year 1 year with Discovery Rule

TEXAS

2 years with Discovery Rule.

U.S. VIRGIN ISLANDS

2 Years 2 years

UTAH

2 Years 2 years wit Discovery Rule.

VERMONT

2 Years 2 years with Discovery Rule.

VIRGINIA

2 years with Discovery Rule.

Loss of Services of Infant and Action for Cost of Curing Infant of Injuries Caused by Defendant
SOL: 5 years

Action for Personal Injuries or Wrongful Death Arising from Improvement to Real Estate
SOL: 5 years

Injuries Resulting from Violation of Virginia Computer Crime Act
SOL: The earlier of 5 years from last act or 2 years from when last act discovered or should have been discovered

WASHINGTON

3 Years 3 years with Discovery Rule.

WEST VIRGINIA

2 Years 2 years

WISCONSIN

3 Years 3 years with Discovery Rule.

WYOMING

2 Years 2 years from date of death with Discovery Rule