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Wrongful Death

ALABAMA

years
Wrongful Death Act provides only for punitive damages, not for compensatory or actual damages.  No statutory limitation of amount recoverable.

ALASKA

years

ARIZONA

years from date of death.

ARKANSAS

years

CALIFORNIA

years
Exceptions: Death from exposure to asbestos or medical malpractice.

COLORADO

years

Damages in action for wrongful death limited, except where cause of death is felonious killing, in which case there is no limitation on damages recoverable. 

CONNECTICUT

years from date of death. SOR: 3 years from date of act complained of.

DELAWARE

years from accrual with Discovery Rule.

DISTRICT OF COLUMBIA

year from Date of Death. 10 years if death was a result of defective or unsafe condition of improvement to real property.

FLORIDA

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).

Florida also has a statute (F.S.A. 768.20) that which terminates (abates) any “personal injury” action brought or yet to be brought upon the death of the injured person but then permits “wrongful death” actions.

GEORGIA

years from date of death.

HAWAII

years from date of death.

IDAHO

2 years from date of occurrence.
Caps:
Noneconomic damages in personal injury or death action limited to maximum $250,000, or amount equal to three times compensatory damages in judgment.

ILLINOIS

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

INDIANA

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

IOWA

years with Discovery Rule.

KANSAS

years with Discovery Rule. For all personal injury and wrongful death actions accruing on or after July 1st, 1987 each party is limited to $250,000.

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

year

MAINE

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. Minimum of $5,000 for willful or grossly negligent conduct resulting in death (liability of employer to employee excluded).

MICHIGAN

years with Occurrence Rule.

MINNESOTA

3 years after death and 6 years after act or omission causing death.

MISSISSIPPI

years – however, 1 year when caused by intentional tort.

MISSOURI

years or 10 years with Accrual Rule.

MONTANA

years with same tolling provision exemption as Negligence/Personal Injury.

NEBRASKA

years

NEVADA

years with Discovery Rule.

NEW HAMPSHIRE

years with Discovery Rule.

NEW JERSEY

years with Discovery Rule, provided that normal limitation for personal injury has not run before death. No SOL if death caused by murder or manslaughter.

NEW MEXICO

years from date of death with Discovery Rule.

NEW YORK

years from date of death. 2.5 years for wrongful death on behalf of descendent whose death was caused by terrorist attacks on September 11th 2001.

NORTH CAROLINA

years

NORTH DAKOTA

years with Discovery Rule, runs from date of death unless death from malpractice. SOR: 6 years unless prevented by fraud.

OHIO

years with Discovery Rule.

OKLAHOMA

years with Discovery rule.

OREGON

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

PENNSYLVANIA

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

year

RHODE ISLAND

years from injury or death with Discovery Rule.

SOUTH CAROLINA

years with Discovery Rule.

SOUTH DAKOTA

years with Discovery Rule.

TENNESSEE

year with Discovery Rule.

TEXAS

years with Discovery Rule.

U.S. VIRGIN ISLANDS

years

UTAH

years with Discovery Rule.

VERMONT

years with Discovery Rule.

VIRGINIA

years with Discovery Rule.

WASHINGTON

years with Discovery Rule.

WEST VIRGINIA

years

WISCONSIN

years with Discovery Rule.

WYOMING

years from date of death with Discovery Rule.