Wrongful Death Statute of Limitations by State
Most listed states give two years from the death to file a wrongful death lawsuit. State deadlines, when the clock starts, and exceptions that shorten it.
In seven of the ten states covered on this page, you have two years from the date of death to file a wrongful death lawsuit. Massachusetts and Minnesota allow three years. Tennessee allows one.
The wrongful death statute of limitations can be shorter when the person or agency at fault is a government body, and deaths caused by medical malpractice can fall under different rules. These deadlines vary by state and can change. Use the figures below as a starting point, and have a lawyer confirm the date that applies to your family.
The Deadline in Most States Is Two Years from the Death
The general wrongful death deadline is two years from the date of death in California, Texas, New York, Pennsylvania, New Jersey, Georgia and North Carolina. A family in one of those states that files within two years of the death meets the general rule. Waiting past that date puts the claim at risk.
Two years is a default, and three situations can replace it with a shorter or different deadline:
- A government defendant: a notice of claim may be due within months.
- A federal employee: the Federal Tort Claims Act (FTCA) requires an administrative claim within two years after the claim accrues.
- Medical malpractice: the state's malpractice limitation rules may apply, and those rules can run from the injury or its discovery.
The state itself also changes the number. Tennessee gives one year. Massachusetts and Minnesota give three. Florida's wrongful death deadline is not covered on this page, so a Florida family should get that date from a lawyer licensed in Florida.
A criminal case does not have to come first. A wrongful death claim is a civil lawsuit, separate from any criminal case, and a family can bring it whether or not anyone is charged.
The civil case also uses a lower standard of proof, usually a preponderance of the evidence. The family must still prove the underlying claim, such as negligence, and show that the conduct caused the death. The wrongful death guide explains those elements in more detail.
Wrongful Death Statute of Limitations by State
Each state sets its own wrongful death deadline in its own statute. The table below covers ten states and measures each deadline from the date of death unless a rule elsewhere on this page says otherwise.
| State | Deadline to File | Statute |
|---|---|---|
| California | 2 years | Cal. Code Civ. Proc. § 335.1 |
| Texas | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003 |
| New York | 2 years | EPTL § 5-4.1 |
| Pennsylvania | 2 years | 42 Pa.C.S. § 5524 |
| New Jersey | 2 years | N.J.S.A. 2A:31-3 |
| Georgia | 2 years | O.C.G.A. § 9-3-33 |
| North Carolina | 2 years | N.C. Gen. Stat. § 1-53(4) |
| Massachusetts | 3 years | Mass. Gen. Laws ch. 229, § 2 |
| Minnesota | 3 years | Minn. Stat. § 573.02 |
| Tennessee | 1 year | Tenn. Code Ann. § 28-3-104 |
Other states have their own wrongful death statutes, and this page does not list their deadlines. These statutes can also be amended. Confirm the current deadline for your state with a lawyer before relying on this table, and read the guide to wrongful death lawyer fees to see what that help costs.
The text of Cal. Code Civ. Proc. § 335.1 is on the California Legislative Information site. Other state codes can be searched through law.cornell.edu.
The table shows only the filing deadline. It does not show who may file, which also varies by state. In New York, the personal representative of the estate files for the family's benefit. In California, the spouse or domestic partner, the children and others who would inherit under intestacy can file directly.
When the Clock Starts
For the ten states in the table, the wrongful death clock generally starts on the date of death. Picture a nursing home resident who falls and dies several weeks later. The two-year wrongful death period in a state like Georgia generally runs from the death.
Some states apply a discovery rule. Whether a state applies this rule to a wrongful death claim varies.
Medical malpractice deadlines are often measured differently. In California, a malpractice claim must be filed within 3 years from the injury or 1 year from when the injury was or should have been discovered, whichever comes first. New York gives 2 years and 6 months for malpractice. When a malpractice death is involved, the start date and the length can both differ from the table above.
Texas also sets a three-month rule on who files. The spouse, children and parents may file a Texas wrongful death claim. If none of them files within three months of the death, the executor or administrator may file, unless all of them ask that no suit be brought. That three-month window runs well before the two-year deadline expires.
Write down the exact date of death now. Every deadline on this page counts from a date.
Exceptions That Shorten or Extend the Deadline
The wrongful death deadline can be shorter or different when the defendant is a government body, when a federal employee was involved, or when medical malpractice caused the death. Some states also pause the deadline for minors. The table compares these rules.
| Situation | Deadline Rule | Source |
|---|---|---|
| Ordinary wrongful death (ten listed states) | 1 to 3 years from the death, by state | State wrongful death statute |
| Government defendant | Notice of claim may be due within months | Notice-of-claim rules |
| Federal employee involved | Administrative claim within 2 years after the claim accrues | Federal Tort Claims Act |
| Medical malpractice, California | 3 years from injury or 1 year from discovery, whichever comes first | Cal. Code Civ. Proc. § 340.5 |
| Medical malpractice, New York | 2 years and 6 months | N.Y. CPLR § 214-a |
| Minors | Some states pause (toll) the deadline; varies | State law |
Government Defendants
A claim against a government body may need a notice of claim within months. The notice of claim guide explains how that filing works.
Federal Employees
When a federal employee caused the death, the FTCA applies. The family must present an administrative claim within two years after the claim accrues.
Medical Malpractice
A death caused by a health care provider can fall under the state's malpractice rules instead of the general wrongful death deadline. Those rules also add steps that take time:
- California: 90 days' notice of intent to sue a health care provider (Cal. Code Civ. Proc. § 364).
- Florida: a pre-suit investigation and notice of intent, with a 90-day period for the provider to respond (Fla. Stat. § 766.106).
- New York: a certificate of merit from the plaintiff's attorney (N.Y. CPLR § 3012-a).
- Texas: an expert report served within 120 days after each defendant's original answer is filed (Tex. Civ. Prac. & Rem. Code § 74.351).
Whether a claim against a caregiver counts as malpractice depends on state law. Claims about non-medical aides, such as missed supervision or a fall, are often ordinary negligence. Claims about nursing care or medication decisions by licensed staff may fall under malpractice rules. The comparison of wrongful death and medical malpractice claims covers the difference, and the medical malpractice rights page explains the expert testimony these cases need.
Minors
Some states pause, or toll, the deadline for minors. This rule varies. Settlements of claims belonging to a minor generally need court approval, for example under Cal. Prob. Code § 3500.
Survival Claims Are a Separate Claim
A survival action is a separate claim from wrongful death. The survival action is the deceased person's own claim that "survives" the death. The estate's personal representative brings it.
The two claims pay for different losses. A survival action covers what the person suffered before death, such as medical bills and lost wages between the injury and the death. In some states it also covers their pain and suffering. A wrongful death claim covers the family's losses, such as lost financial support, household services, funeral expenses and, in many states, loss of companionship.
The money also goes to different people. Survival money goes to the estate. The estate's creditors can reach it, and it passes under the will or intestacy. Wrongful death money goes to the family members the statute names.
California's survival statute is Cal. Code Civ. Proc. § 377.30. California's elder abuse law adds a survival detail. When a plaintiff proves physical abuse or neglect by clear and convincing evidence and that the defendant acted with recklessness, oppression, fraud or malice, the court awards reasonable attorney fees and costs. In that case, the limit on pain-and-suffering damages that normally applies after a victim's death does not apply (Cal. Welf. & Inst. Code § 15657).
A family may have both claims. Ask a lawyer to state both dates in writing. The survival action vs. wrongful death comparison explains how the two claims fit together.
Missing the Wrongful Death Deadline
A wrongful death lawsuit filed after the deadline can end the claim. The statute of limitations is the outer limit for filing. A family that misses it can lose the right to recover money from the person or company at fault.
Exceptions exist. Some states apply a discovery rule, and some pause the clock for minors. These rules vary by state. A family should not assume one applies without a lawyer's review.
A shorter deadline can pass first. A notice of claim against a government body may be due within months.
Adult Protective Services (APS) investigates reports of abuse, neglect and exploitation of older and dependent adults. A Long-Term Care Ombudsman takes complaints about nursing homes and assisted living facilities. The guide to reporting elder abuse explains how to make a report.
What to Do Now
To protect a wrongful death claim, set the deadline date and gather records before that date gets close. Start with these steps:
- Write down the date of death and the state where the death occurred.
- List everyone who provided care, such as a home care agency, a nursing home, a doctor or a hospital.
- Note whether any provider was a government body or a federal employee, since those deadlines can be shorter or different.
- Collect medical and hospital records, care plans, shift logs, medication records, incident reports, photos and the names of witnesses.
- Request copies of any APS, police or state inspection reports.
For a nursing home, inspection results and deficiency citations for Medicare- and Medicaid-certified facilities appear on Medicare's Care Compare. The nursing home neglect lawsuit guide covers the federal rules those facilities must follow. If someone is in immediate danger, call 911.
To find local APS, the Eldercare Locator answers at 1-800-677-1116.
When you speak with a lawyer, ask a few direct questions:
- What is the exact filing deadline for my state, and for each claim?
- How many wrongful death cases like this have you handled?
- Who will work on the case?
- What is the fee percentage, and how are costs handled if the case is lost?
- Will you file suit if the case does not settle?
Most wrongful death lawyers work on a contingency fee, with no fee if there is no recovery. The percentage is set in a written fee agreement and is negotiable. The contingency fee guide explains how costs are taken out, and the guide to filing a lawsuit covers what happens once a case starts.
If a family member died after care from an agency, nursing home or doctor, you can get matched with a wrongful death lawyer for free, with no obligation to hire.
No official national database of wrongful death settlement amounts exists. The wrongful death settlement amounts page explains what drives the value of a claim.
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit?
In seven of the ten states covered on this page, the deadline is two years from the date of death. Massachusetts and Minnesota allow three years, and Tennessee allows one. Claims against a government body may need a notice of claim within months, and malpractice deaths can follow different rules.
When does the wrongful death statute of limitations start?
For the ten states listed on this page, the wrongful death clock generally starts on the date of death. Some states apply a discovery rule, and this varies. Malpractice deadlines can run from the injury or its discovery instead.
Can the wrongful death deadline be extended?
Some states pause, or toll, the deadline for minors, and some apply a discovery rule. These exceptions vary by state. A family should treat the general deadline as the date to meet unless a lawyer licensed in that state says an exception applies.
What happens if you miss the wrongful death deadline?
A wrongful death lawsuit filed after the deadline can end the claim. The family can lose the right to recover money from the party at fault. An exception such as tolling for minors can apply in some states, and those rules vary.
Is the deadline different for medical malpractice deaths?
Yes, a death caused by medical malpractice can fall under the state's malpractice limitation rules. California gives 3 years from the injury or 1 year from discovery, whichever comes first, and New York gives 2 years and 6 months. Many states also require pre-suit steps, such as California's 90-day notice of intent.
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