All states have laws that limit the time in which the heirs of a deceased person can bring a case for the deceased’s wrongful death. This is called a statute of limitation. If the wrongful death case is not filed within that time period in most cases the heirs cannot recover damages; therefore, it is crucial that you act immediately to protect your legal rights. The following is my summary of wrongful death statute of limitations in the contiguous United States as of 4/15/06.
I am very experienced in helping the heirs of victims of wrongful deaths. I am licensed to practice law in most states in the upper Midwest, and I can practice law in any state (without your family paying anything extra) in association with other lawyers.
Please contact me at toll-free 1 877 534-2272 if you need my help.
The following list is for information purposes; it is not intended to be legal advice. If you have a legal question please contact me.
ALABAMA: The time to bring the case is 2 years from injury. Alabama Code 6-2-38.
ARIZONA: The time to bring the case is 2 years from injury. Arizona Statute Title 12, Article 3, Sec. 12-542.
ARKANSAS: Arkansas’ statutes of limitation are somewhat confusing. My understanding is that the time to bring the case is 3 years from injury. Arkansas Code 16-56-105.
CALIFORNIA: The time to bring the case is 2 years from injury. California Code of Civ. Pro. Sec. 335.1.
COLORADO: The time to bring the case is 2 years from injury. Colorado Rev. Stat. Sec. 13-80-102.
CONNECTICUT: The time to bring the case is 2 years from injury. Connecticut Gen. Stat. Sec. Title 52-584.
DELAWARE: The time to bring the case is 2 years from injury. Delaware Code Title 10, Ch. 81, Sec. 8119.
FLORIDA: The time to bring the case is 2 years from injury. Florida Statute Title 8, Chapter 95, Section 95.11.
GEORGIA: The time to bring the case is 2 years from injury. Loss of consortium cases (loss of companionship, support, comfort, and etc. of a spouse) has a 4-year statute of limitation. Georgia Code 9-3-33.
IDAHO: The time to bring the case is 2 years from injury. Idaho Statute Title 5, Chapter 2, Section 5-219.
ILLINOIS: The time to bring the case is 2 years from injury. Illinois Code of Civil Procedure 735 ILCS 5/13-202.
INDIANA: The time to bring the case is 2 years from injury. Indiana Code 34-11-2-4.
IOWA: The time to bring the case is 2 years from injury. Iowa Code 614.1.
KANSAS: The time to bring the case is 2 years from injury. Kansas Statute 60-513.
KENTUCKY: The time to bring the case is 1 year from injury. Kentucky Statute Title 36, 413.140.
LOUISIANA: The time to bring the case is 1 year from injury.
Louisiana CC 3492.
MAINE: The time to bring the case is 6 years from injury. Maine Statute Title 14, Part 2, Chapter 205, Subchapter 1, Section 752.
MARYLAND: The time to bring the case is 3 years from injury. Maryland Code Title 5, Subtitle 1, Section 5-101.
MASSACHUSETTS: The time to bring the case is 3 years from injury. Massachusetts Title 5, Chapter 260, Section 2A.
MICHIGAN: The time to bring the case is 3 years from injury. Michigan Statute 600.5805 (10).
MINNESOTA: The time to bring the case is 6 years from injury. Minnesota Statute 541.05.
MISSISSIPPI: The time to bring the case is 3 years from injury. Mississippi Code Title 15.
MISSOURI: The time to bring the case is 5 years from injury. Missouri Statute Section 516.120.
MONTANA: The time to bring the case is 3 years from injury. Montana Code Title 27, Chapter 2-204.
NEBRASKA: The time to bring the case is 4 years from injury. Nebraska Statute Title 25, Section 207.
NEVADA: The time to bring the case is 2 years from injury. Nevada Statute Chapter 11, Section 11.190.
NEW HAMPSHIRE: The time to bring the case is 3 years from injury. New Hampshire Statue Title 52, Chapter 508, Section 508.4.
NEW JERSEY: The time to bring the case is 2 years from injury. New Jersey Statute 2A:14-2.
NEW MEXICO: The time to bring the case is 3 years from injury. New Mexico Statute 37-1-8.
NEW YORK: The time to bring the case is 3 years from injury. New York CVP Article 2-214.
NORTH CAROLINA: The time to bring the case is 3 years from injury. North Carolina Statute Title 1-52.
NORTH DAKOTA: The time to bring the case is 2 years from injury. North Dakota Statute Title 28-01-18.
OHIO: The time to bring the case is 2 years from injury. Ohio Statute Title 23, Chapter 2305.10.
OKLAHOMA: The time to bring the case is 2 years from injury. Oklahoma Statute Title 12, Chapter 3, Section 95(3).
OREGON: The time to bring the case is 2 years from injury. Oregon Statute Title 2, Chapter 12.110.
PENNSYLVANIA: The time to bring the case is 2 years from injury. Pennsylvania Consolidated Statute Title 42, Chapter 55, Section 5524.
RHODE ISLAND: The time to bring the case is 3 years from injury. Rhode Island Statute Title 9, Chapter 9-1, Section 9-1-14.
SOUTH CAROLINA: The time to bring the case is 3 years from injury. South Carolina Statute Title 15, Chapter 3, Section 530.
SOUTH DAKOTA: The time to bring the case is 3 years from injury. South Dakota Statute Title 15, Chapter 2, Section 14.
TENNESSEE: The time to bring the case is 1 year from injury. Tennessee Code Title 28, Chapter 3, Section 104.
TEXAS: The time to bring the case is 2 years from injury. Texas Statute Chapter 16, Section 16.003.
UTAH: The time to bring the case is 2 years from injury. Utah Statute Title 78, Chapter 12, Section 28.
VERMONT: The time to bring the case is 3 years from injury. Vermont Statute Title 12, Chapter 23, Section 512.
VIRGINIA: The time to bring the case is 2 years from injury. Virginia Statute 8.01-243.
WASHINGTON: The time to bring the case is 3 years from injury. Washington Statute Title 4, Chapter 4.16, Section 4.16.080.
WEST VIRGINIA: The time to bring the case is 3 years from injury. West Virginia Statute Chapter 55, Section 2, Subsection 12.
WISCONSIN: The time to bring the case is 3 years from injury. Wisconsin Statute 893.54(1).
WYOMING: The time to bring the case is 4 years from injury. Wyoming Statute Title 1, Chapter 3, Section 105(a)(iv)(c).