In this guide
What a wrongful death lawsuit is
It’s a claim for a death caused by someone else’s wrongful act or negligence — a crash, a fall, a defective product. Pennsylvania’s statute is typical: the action lies “to recover damages for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.” The claim belongs to the family, or to the estate for the family, and it covers what they lost because of the death.
The estate can have a claim of its own as well. In Michigan it recovers for the person’s conscious pain and suffering before death; in Florida, for lost earnings and the medical or funeral bills the estate paid. In both states that’s part of the same lawsuit.
Deadline to file a wrongful death lawsuit, all 50 states and D.C.
| State | Deadline | Notes |
|---|---|---|
| Alabama | 2 years from the death (Ala. Code § 6-5-410(d)) | — |
| Alaska | 2 years from the death (Alaska Stat. § 09.55.580(a)) | — |
| Arizona | 2 years from the death (A.R.S. § 12-542) | — |
| Arkansas | 3 years from the death (Ark. Code § 16-62-102(c)(1)) | — |
| California | 2 years (Code Civ. Proc. § 335.1) | — |
| Colorado | 2 years (C.R.S. § 13-80-102(1)(d)) | 4 years if the driver committed vehicular homicide and left the scene (C.R.S. § 13-80-102(2)). |
| Connecticut | 2 years from the death (C.G.S. § 52-555(a)) | And no more than 5 years after the act or omission that caused the death. |
| Delaware | 2 years (10 Del. C. § 8107) | — |
| District of Columbia | 2 years from the death (D.C. Code § 16-2702) | — |
| Florida | 2 years (Stat. § 95.11(5)(e)) | — |
| Georgia | 2 years (O.C.G.A. § 9-3-33) | — |
| Hawaii | 2 years (HRS § 657-7) | Hawaii’s general limit for injury to persons; the wrongful death statute has no separate period. |
| Idaho | 2 years (Idaho Code § 5-219(4)) | — |
| Illinois | 2 years (740 ILCS 180/2) | 5 years if the death resulted from violent intentional conduct (740 ILCS 180/2). |
| Indiana | 2 years (Ind. Code § 34-23-1-1) | — |
| Iowa | 2 years (Iowa Code § 614.1(2)) | Iowa’s general limit for injuries to the person. |
| Kansas | 2 years (K.S.A. 60-513(a)(5)) | — |
| Kentucky | 1 year (KRS 413.140(1)(a), 413.180)Car accident: 2 years (KRS 304.39-230(6)) | 1 year after the estate’s personal representative is appointed, and no later than 2 years after the death. For a motor vehicle accident, 2 years after the death or the last no-fault (PIP) payment. |
| Louisiana | 1 year (La. Civ. Code art. 2315.2(B)) | Since August 1, 2025: 1 year from the death or 2 years from the injury, whichever is longer (Acts 2025, No. 176). |
| Maine | 3 years from the death (18-C M.R.S. § 2-807(2)) | In a homicide, 6 years from discovering the cause of action. |
| Maryland | 3 years from the death (Md. Code, Cts. & Jud. Proc. § 3-904(g)(1)) | — |
| Massachusetts | 3 years from the death or its discovery (M.G.L. c. 229, § 2) | — |
| Michigan | 3 years (MCL 600.5805(2)) | If the person died before the 3 years ran out, the estate’s personal representative gets 2 years after appointment, but no more than 3 years after the period ran out (MCL 600.5852). |
| Minnesota | 3 years from the death (Minn. Stat. § 573.02, subd. 1) | And within 6 years after the act or omission. |
| Mississippi | 3 years (Miss. Code § 15-1-49(1)) | The wrongful death statute sets no period of its own, so the general 3-year limit applies. |
| Missouri | 3 years (R.S.Mo. § 537.100) | — |
| Montana | 3 years (MCA § 27-2-204(2)) | 10 years if the death was a homicide. |
| Nebraska | 2 years from the death (Neb. Rev. Stat. § 30-810) | — |
| Nevada | 2 years (NRS 11.190(4)(e)) | — |
| New Hampshire | 3 years (RSA 508:4, I) | New Hampshire’s general limit for personal actions, with a discovery rule. |
| New Jersey | 2 years from the death (N.J.S.A. 2A:31-3) | No limit if the death resulted from murder or manslaughter for which the defendant was convicted. |
| New Mexico | 3 years from the death (NMSA § 41-2-2) | — |
| New York | 2 years (EPTL 5-4.1) | — |
| North Carolina | 2 years (G.S. 1-53(4)) | — |
| North Dakota | 2 years from the death (N.D.C.C. § 28-01-18(4)) | — |
| Ohio | 2 years (R.C. 2125.02(F)(1)) | — |
| Oklahoma | 2 years (12 O.S. § 1053(A)) | — |
| Oregon | 3 years from discovering the death (ORS 30.020(1)) | 3 years after the injury causing the death is discovered, and no later than 3 years after the death. |
| Pennsylvania | 2 years (42 Pa.C.S. § 5524(2)) | — |
| Rhode Island | 3 years from the death or its discovery (R.I. Gen. Laws § 10-7-2(c)) | — |
| South Carolina | 3 years from the death (S.C. Code § 15-3-530(6)) | — |
| South Dakota | 3 years from the death (SDCL 21-5-3) | — |
| Tennessee | 1 year (Tenn. Code § 28-3-104(a)(1)) | Tennessee’s wrongful death statutes set no period of their own; courts apply the 1-year injury limit. |
| Texas | 2 years (Civ. Prac. & Rem. Code § 16.003(b)) | For wrongful death, the statute says the claim accrues on the date of death. |
| Utah | 2 years (Utah Code § 78B-2-304(2)) | — |
| Vermont | 2 years from discovering the death (14 V.S.A. § 1492(a)) | In a homicide, up to 7 years after discovering the death. |
| Virginia | 2 years from the death (Va. Code § 8.01-244(B)) | — |
| Washington | 3 years (RCW 4.16.080(2)) | Washington’s general limit for injury to the person. |
| West Virginia | 2 years from the death (W. Va. Code § 55-7-6(d)) | — |
| Wisconsin | 3 years (Wis. Stat. § 893.54(1m)(b))Car accident: 2 years (Wis. Stat. § 893.54(2m)) | 2 years if the death arose from an accident involving a motor vehicle. |
| Wyoming | 2 years from the death (Wyo. Stat. § 1-38-102(d)) | — |
Where a state sets a different period for motor vehicle accidents — Kentucky and Wisconsin — the table shows both. Several states give more time when the death was a homicide or a crime, and in New York a related criminal case can extend the deadline. Where the statute says nothing about when the clock starts, the general rule for when a claim “accrues” applies. Confirm your date with a lawyer before relying on it; the claim deadline calculator counts it from a date you enter.
Who files, and who gets the money: 10 largest states
| State | Who files | Who gets the money |
|---|---|---|
| California | The surviving spouse or domestic partner, children and children of deceased children — or, if there are none, whoever would inherit under intestacy. Dependent stepchildren, parents and putative spouses can also sue, or the personal representative on their behalf. | The statute lists who may sue; it doesn’t set each person’s share. (Code Civ. Proc. § 377.60) |
| Texas | Any of the surviving spouse, children or parents, for all of them. If none files within 3 months of the death, the executor or administrator must, unless all of them ask that it not be brought. | Only the spouse, children and parents. The jury divides the award among them in the shares it finds. (Civ. Prac. & Rem. Code §§ 71.004, 71.010) |
| Florida | The personal representative of the estate. | Each survivor recovers their own losses — spouse, children and parents; other blood relatives only if they depended on the person. The estate recovers lost earnings and medical or funeral costs it paid. (Stat. §§ 768.18, 768.20, 768.21) |
| New York | The personal representative of the estate. | The distributees (close relatives who would inherit), in proportion to each one’s financial loss, set at a court hearing. Damages are limited to “pecuniary injuries” plus medical and funeral costs. (EPTL §§ 5-4.1, 5-4.3, 5-4.4) |
| Pennsylvania | Brought for the spouse, children or parents. If none survive, the personal representative can recover only medical, funeral and estate expenses. | In the shares they would inherit without a will. Creditors of the person who died can’t reach it. (42 Pa.C.S. § 8301) |
| Illinois | The personal representative of the estate. | The surviving spouse and next of kin, divided by each one’s percentage of dependency on the person who died. (740 ILCS 180/2) |
| Ohio | The personal representative of the estate. | The spouse, children and parents, who are presumed to have suffered damages; other next of kin if they prove theirs. Damages are proportioned to each one’s loss, and settlements need court approval. (R.C. 2125.02) |
| Georgia | The surviving spouse; if none, the children. For a child’s death, the parents (under separate statutes). If no one else can sue, the administrator or executor, for the next of kin. | Spouse and children share equally, but the spouse gets at least one-third. The award is the “full value of the life” of the person who died. (O.C.G.A. §§ 51-4-2, 51-4-4, 51-4-5) |
| North Carolina | The personal representative or collector of the estate. | Under the Intestate Succession Act. It isn’t used for the estate’s debts, except burial costs and up to $4,500 of hospital and medical bills (no more than half the recovery after attorney fees). (G.S. 28A-18-2(a)) |
| Michigan | The personal representative of the estate, who must notify the possible beneficiaries within 30 days of filing. | After medical, funeral and burial costs, among the spouse, children and other descendants, parents, grandparents and siblings (and some others) who suffered damages — a “fair and equitable” share set by the court or jury. (MCL 600.2922) |
Where the personal representative files, someone usually has to be appointed by a probate court first, which takes time out of the deadline. In Texas, if no family member sues within 3 months, the executor or administrator must, unless all of them ask that the suit not be brought.
What the money is for
States measure wrongful death damages differently. Four examples show the range:
- Florida lists them by survivor: each survivor’s lost support and services; for a spouse, lost companionship and mental pain and suffering; for minor children, lost parental companionship, instruction and guidance; medical or funeral bills a survivor paid; and, for the estate, lost earnings and the bills it paid (Stat. § 768.21).
- New York allows “fair and just compensation for the pecuniary injuries” — financial losses — plus medical and funeral expenses, with interest from the date of death (EPTL § 5-4.3).
- Georgia measures the claim by “the full value of the life of the decedent” (O.C.G.A. § 51-4-2).
- Alabama allows only punitive damages in a wrongful death action — a rule the federal Fifth Circuit described in Benavides v. United States (2007).
The other side’s insurance limits often matter as much as the law. In a car crash, the at-fault driver’s liability policy pays only up to its per-person limit; see car accident laws by state for each state’s minimum.
Is a wrongful death settlement taxable?
Generally not, for the compensation itself. Federal law excludes damages, other than punitive damages, received “on account of personal physical injuries or physical sickness” (26 U.S.C. § 104(a)(2)). Punitive damages are taxable — except under § 104(c), which keeps them tax-free in a wrongful death action where state law allows only punitive damages, as Alabama’s does. Interest on a judgment or settlement is taxable. The settlement tax guide covers the details and state income tax.
Steps, and what comes out of the money
- Find your deadline in the table above, and note any earlier deadline for a claim against a city, county or the state.
- Get a personal representative appointed if your state requires one to file. In many states that’s the executor named in the will, or an administrator appointed by the probate court.
- Gather records: the death certificate, police or incident report, medical and funeral bills, and the income records that show lost support.
- Expect deductions before the family is paid. Attorney fees and case costs come out first. Some states also pay certain bills from the recovery — North Carolina allows burial costs and up to $4,500 of medical bills; Michigan pays medical, funeral and burial costs before distribution — while Pennsylvania keeps the beneficiaries’ damages away from creditors.
- Distribution: in several states the court approves a settlement and how it’s divided, after notice to the family members who may share in it.
The take-home calculator shows what’s left of a settlement after fees, costs and liens.
Frequently asked questions
Who can file a wrongful death lawsuit?
It depends on the state. In many — Florida, New York, Illinois, Ohio, North Carolina and Michigan among them — only the personal representative of the estate files, for the family. In others the relatives file directly: in Texas any of the spouse, children or parents can sue for all of them, and in Georgia the surviving spouse, or the children if there is no spouse.
How long do you have to file a wrongful death lawsuit?
Usually 2 or 3 years, counted in most states from the death. Kentucky, Louisiana and Tennessee allow only 1 year, with exceptions. Some states set a different period for car accidents or give more time when the death was a homicide. The table on this page lists the deadline for all 50 states and D.C.
How is a wrongful death settlement divided?
By state law, not by the will. Pennsylvania splits it in the shares family members would inherit without a will, Illinois by each person’s dependency on the person who died, New York by each person’s financial loss, Georgia equally between spouse and children with at least a third to the spouse, and in Texas the jury sets the shares.
Is a wrongful death settlement taxable?
Compensation received on account of a death from physical injuries is generally excluded from federal income under 26 U.S.C. § 104(a)(2). Punitive damages are taxable, with one exception: in a state whose wrongful death law allows only punitive damages, such as Alabama, § 104(c) excludes them too. Interest is taxable.
Can the estate’s creditors take the wrongful death money?
Often not, but it depends on the state and on which part of the award. Pennsylvania’s statute keeps the beneficiaries’ damages away from the creditors of the person who died, and North Carolina’s allows only burial costs and limited medical bills to be paid from it. In Florida, the part of the award the estate recovers is subject to creditors’ claims.
Reviewed by
Morgan Hale, Editor. Writes about the financial side of injury claims — fees, liens, timelines and state rules — and checks every page against its sources before it’s published. Not a lawyer; “Morgan Hale” is a pen name. Editorial policy · How we calculate
Sources
- Cal. Code Civ. Proc. § 377.60 — Who may assert a wrongful death cause of action (FindLaw (California Code of Civil Procedure))
- Tex. Civ. Prac. & Rem. Code § 71.004 — Benefits and parties to a wrongful death action (FindLaw (Texas Civil Practice and Remedies Code))
- Tex. Civ. Prac. & Rem. Code § 71.010 — Damages divided in shares as found by the jury (FindLaw (Texas Civil Practice and Remedies Code))
- Fla. Stat. § 768.18 — Definitions (survivors) (The Florida Senate)
- Fla. Stat. § 768.20 — Parties: the personal representative recovers for the survivors and estate (The Florida Senate)
- Fla. Stat. § 768.21 — Damages for each survivor and for the estate (The Florida Senate)
- N.Y. EPTL § 5-4.1 — Action by the personal representative for wrongful act causing death (New York State Senate)
- N.Y. EPTL § 5-4.3 — Amount of recovery: fair and just compensation for pecuniary injuries (New York State Senate)
- N.Y. EPTL § 5-4.4 — Distribution of damages in proportion to pecuniary injuries (New York State Senate)
- 42 Pa.C.S. § 8301 — Death action: beneficiaries and distribution as in intestacy (FindLaw (Pennsylvania Consolidated Statutes))
- 740 ILCS 180/2 — Wrongful Death Act: personal representative; distribution by dependency (FindLaw (Illinois Compiled Statutes))
- Ohio R.C. 2125.02 — Wrongful death action by the personal representative; beneficiaries and damages (FindLaw (Ohio Revised Code))
- O.C.G.A. § 51-4-2 — Surviving spouse or children; spouse receives at least one-third (FindLaw (Georgia Code))
- O.C.G.A. § 51-4-4 — Homicide of a child: as provided in §§ 19-7-1 and 53-1-5 (FindLaw (Georgia Code))
- O.C.G.A. § 51-4-5 — Administrator or executor, for the next of kin (FindLaw (Georgia Code))
- N.C. Gen. Stat. § 28A-18-2 — Death by wrongful act: personal representative; recovery not subject to debts; Intestate Succession Act (FindLaw (North Carolina General Statutes))
- MCL 600.2922 — Wrongful death: personal representative; who may recover; distribution (FindLaw (Michigan Compiled Laws))
- Ala. Code § 6-5-410 — Wrongful death: brought by the personal representative within two years after the death (FindLaw (Code of Alabama))
- Alaska Stat. § 09.55.580 — Wrongful death: commenced within two years after the death (FindLaw (Alaska Statutes))
- A.R.S. § 12-542 — Two years; when death ensues, the action accrues at the death of the party injured (FindLaw (Arizona Revised Statutes))
- Ark. Code § 16-62-102 — Wrongful death: within three years after the death; brought by the personal representative or heirs (FindLaw (Arkansas Code))
- California Code of Civil Procedure § 335.1 — Two years for injury to, or death of, an individual (FindLaw (California Code of Civil Procedure))
- California Code of Civil Procedure § 338(c)(1) — Three years for injuring goods or chattels (FindLaw (California Code of Civil Procedure))
- California Government Code § 911.2 — Six months to present a claim to a public entity for death or injury (FindLaw (California Government Code))
- C.R.S. § 13-80-102 — Two years for wrongful death; four years in certain vehicular homicide cases (FindLaw (Colorado Revised Statutes))
- C.G.S. § 52-555 — Wrongful death: within two years from the date of death, and no more than five years from the act or omission (FindLaw (Connecticut General Statutes))
- 10 Del. C. § 8107 — Two years for wrongful death and injury to personal property (FindLaw (Delaware Code))
- D.C. Code § 16-2702 — Wrongful death: brought by the personal representative within 2 years after the death (Council of the District of Columbia)
- Florida Statutes § 95.11 (2025) — Limitations other than for the recovery of real property (The Florida Senate)
- Florida Statutes § 627.736(1) (2025) — PIP: $10,000 limit, 80% of medical expenses; initial care within 14 days (The Florida Senate)
- O.C.G.A. § 9-3-33 — Two years for injuries to the person (four for loss of consortium) (FindLaw (Official Code of Georgia))
- O.C.G.A. § 9-3-31 — Four years for injuries to personalty (FindLaw (Official Code of Georgia))
- HRS § 657-7 — Two years for damage or injury to persons or property (FindLaw (Hawaii Revised Statutes))
- Idaho Code § 5-219(4) — Two years for the death of one caused by the wrongful act or neglect of another (FindLaw (Idaho Code))
- 735 ILCS 5/13-202 — Two years for personal injury (FindLaw (Illinois Code of Civil Procedure))
- 735 ILCS 5/13-205 — Five years for injury to property (FindLaw (Illinois Code of Civil Procedure))
- Ind. Code § 34-23-1-1 — Wrongful death: commenced by the personal representative within two years (FindLaw (Indiana Code))
- Iowa Code § 614.1(2) — Two years for actions founded on injuries to the person (Iowa Legislature)
- K.S.A. 60-513(a)(5) — Two years for an action for wrongful death (FindLaw (Kansas Statutes))
- KRS 413.140(1)(a) — One year for an injury to the person (Kentucky General Assembly)
- KRS 304.39-230(6) — Two years after the injury, the death or the last reparation payment (motor vehicle accidents) (FindLaw (Kentucky Revised Statutes))
- HB 291 (2025), Act 176 — Wrongful death and survival actions: one year from the death or two years from the injury, whichever is longer (Louisiana State Legislature)
- 18-C M.R.S. § 2-807 — Wrongful death: within 3 years after the decedent’s death (Maine Legislature)
- Md. Code, Cts. & Jud. Proc. § 3-904 — Wrongful death: for the spouse, parent and child; filed within three years after the death (Maryland General Assembly)
- M.G.L. c. 229, § 2 — Wrongful death: within three years from the date of death or of discovering the factual basis (Massachusetts Legislature)
- Michigan Compiled Laws § 600.5805(2) — Three years for death or injury to a person or property (FindLaw (Michigan Revised Judicature Act))
- Michigan Compiled Laws § 500.3145(1) — One year to sue for PIP benefits unless notice was given or benefits paid (FindLaw (Michigan Insurance Code))
- Michigan Compiled Laws § 600.5852 — Personal representative may sue within 2 years after letters of authority; no more than 3 years after the period ran (FindLaw (Michigan Compiled Laws))
- Minn. Stat. § 573.02 — Wrongful death: within three years after the date of death, by a court-appointed trustee (Minnesota Revisor of Statutes)
- Miss. Code § 15-1-49 — Three years for actions with no other prescribed limitation (FindLaw (Mississippi Code))
- Miss. Code § 11-7-13 — Wrongful death: who may sue (personal representative, spouse, parent, child and others) (FindLaw (Mississippi Code))
- R.S.Mo. § 537.100 — Wrongful death actions under § 537.080: within three years after the cause of action accrues (FindLaw (Missouri Revised Statutes))
- MCA § 27-2-204(2) — Wrongful death: within 3 years; 10 years for a homicide (Montana Legislature)
- Neb. Rev. Stat. § 30-810 — Wrongful death: within two years after the death; shared by pecuniary loss (Nebraska Legislature)
- NRS 11.190(4)(e) — Two years for injuries to or the death of a person caused by the wrongful act or neglect of another (Nevada Legislature)
- RSA 508:4 — Personal actions: within 3 years of the act or omission, or of discovering the injury (New Hampshire General Court)
- N.J.S.A. 2A:31-3 — Wrongful death: within 2 years after the death of the decedent (FindLaw (New Jersey Statutes))
- NMSA § 41-2-2 — Wrongful death: within three years; the cause of action accrues as of the date of death (FindLaw (New Mexico Statutes))
- New York CPLR § 214 — Three years for personal injury and injury to property (New York State Senate)
- 11 NYCRR § 65-1.1 — Mandatory no-fault endorsement (30-day notice; 45-day proof of claim for medical expenses) (Cornell Legal Information Institute)
- New York General Municipal Law § 50-e — Notice of claim within 90 days (New York State Senate)
- N.C. Gen. Stat. § 1-52(4), (16) — Three years for personal injury and property damage (FindLaw (North Carolina General Statutes))
- N.C. Gen. Stat. § 1-53(4) — Two years for wrongful death, from the date of death (FindLaw (North Carolina General Statutes))
- N.D.C.C. § 28-01-18(4) — Two years when death ensues from injuries; accrues at the death (FindLaw (North Dakota Century Code))
- Ohio Revised Code § 2305.10(A) — Two years for bodily injury or injuring personal property (FindLaw (Ohio Revised Code))
- 12 O.S. § 1053 — Wrongful death: brought by the personal representative; must be commenced within two years (Justia (2024 Oklahoma Statutes))
- ORS 30.020 — Wrongful death: within three years after discovery, and no later than three years after the death (Oregon Revised Statutes (Public.Law))
- 42 Pa.C.S. § 5524 — Two years for personal injury, wrongful death and injury to personal property (FindLaw (Pennsylvania Judicial Code))
- R.I. Gen. Laws § 10-7-2 — Within three years after the death; half to the spouse, half to the children; at least $350,000 (Rhode Island General Assembly)
- S.C. Code § 15-3-530(6) — Three years for death by wrongful act, running from the death (South Carolina Legislature)
- SDCL 21-5-3 — Every action for wrongful death within three years after the death (South Dakota Legislature)
- Tennessee Court of Appeals opinion — the one-year limit of T.C.A. § 28-3-104 applies to wrongful death actions (Jones v. Black) (Tennessee Administrative Office of the Courts)
- Texas Civil Practice and Remedies Code § 16.003 — Two years for personal injury, property damage and wrongful death (FindLaw (Texas Civil Practice and Remedies Code))
- Utah Code § 78B-2-304(2) — Two years for a death caused by the wrongful act or neglect of another (Utah Legislature)
- 14 V.S.A. § 1492 — Wrongful death: within two years from the discovery of the death; damages and distribution (Vermont General Assembly)
- Va. Code § 8.01-244 — Wrongful death: brought by the personal representative within two years after the death (Virginia General Assembly)
- RCW 4.16.080(2) — Three years for injury to the person or rights of another (Washington State Legislature)
- W. Va. Code § 55-7-6(d) — Wrongful death: within two years after the death (West Virginia Legislature)
- Wis. Stat. § 893.54 — Three years for wrongful death; two years when it arises from a motor vehicle accident (Wisconsin Legislature)
- Wyo. Stat. § 1-38-102(d) — Wrongful death: within two years after the death of the decedent (FindLaw (Wyoming Statutes))
- 26 U.S.C. § 104 — Compensation for injuries or sickness (Cornell Legal Information Institute)
- Benavides v. United States, No. 06-40526 (5th Cir. Aug. 17, 2007) — § 104(c) and Alabama’s punitive-only wrongful death law (U.S. Court of Appeals for the Fifth Circuit)
Not legal or financial advice. InjuryMath is not a law firm and does not sell or broker funding. This page gives general information based on the sources listed; your contracts and your state’s law control. For advice about your situation, talk to a licensed attorney in your state.