Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

Home Contact Site Map Bookmark Site Disclaimer

Wrongful Death

ALABAMA
2 Years with occurrence rule
ALASKA
2 Years SOR: 10 years, except for defective products.
ARIZONA
2 Years from date of death.
ARKANSAS
3 Years
CALIFORNIA
1 Year Exceptions: Death from exposure to asbestos or medical malpractice.
COLORADO
2 Years
CONNECTICUT
2 Years

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

DELAWARE
2 Years from accrual with Discovery Rule.
DISTRICT OF COLUMBIA
1 Year from Date of Death.
FLORIDA
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 from date of death.
HAWAII
2 Years from date of death.
IDAHO
2 Years years from date of occurrence.
ILLINOIS
2 Years

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

INDIANA
2 Years

from date of death or from date of knowledge of injury by radiation or asbestos.

IOWA
2 Years with Discovery Rule.
KANSAS
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.

LOUISIANA
1 Year
MAINE
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 with Discovery Rule. 
MICHIGAN
3 Years with Occurrence Rule.
MINNESOTA
3 Years

after death and 6 Years after act or omission causing death

MISSISSIPPI
3 Years

however, 1 year when caused by intentional tort

MISSOURI
3 Years with Accrual Rule.
MONTANA
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 with Discovery Rule.
NEW HAMPSHIRE
3 Years with Discovery Rule.
NEW JERSEY
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.
NEW MEXICO
3 Years

from date of death (41-2-2) with Discovery Rule

NEW YORK
2 Years from date of death.
NORTH CAROLINA
2 Years
NORTH DAKOTA
2 Years

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

OHIO
2 Years with Discovery Rule.
OKLAHOMA
2 Years with Discovery rule.
OREGON
3 Years

with occurrence rule.  2 years for personal injury in wrongful death when brought by personal representative. Two(2) years fro claims against governmental bodies

PENNSYLVANIA
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
RHODE ISLAND
3 Years from injury or death with Discovery Rule.
SOUTH CAROLINA
3 Years with Discovery Rule.
SOUTH DAKOTA
3 Years with Discovery Rule.
TENNESSEE
1 Year with Discovery Rule.
TEXAS
2 Years with Discovery Rule.
U.S. VIRGIN ISLANDS
2 Years
UTAH
2 Years years with Discovery Rule.
VERMONT
2 Years with Discovery Rule.
VIRGINIA
2 Years with Discovery Rule.
WASHINGTON
3 Years with Discovery Rule.
WEST VIRGINIA
2 Years
WISCONSIN
3 Years with Discovery Rule.
WYOMING
2 Years from date of death with Discovery Rule.

MANHATTAN OFFICE

111 John Street, 14th Floor
New York, NY 10038
Phone: 212.267.6700

LONG ISLAND OFFICE

6 Harbor Park Drive
Port Washington, NY 11050
Phone: 516.466.6500

NEW JERSEY OFFICE

375 Cedar Lane
Teaneck, NJ 07666
Phone: 973.297.1020

FLORIDA OFFICE

3301 Bonita Beach Road
Bonita Springs, Florida 34134
Phone: 239.390.1000