When someone you love dies unexpectedly due to another’s negligence, the pain goes far beyond grief. It leads to unanswered questions, mounting medical expenses, and a life interrupted. In these heartbreaking moments, many families turn to a legal path called a wrongful death lawsuit. But like all legal matters, wrongful death claims come with deadlines. Each state has its statute of limitations, a time limit that can determine whether you still have the right to seek justice. Understanding these timelines is crucial, especially if you’re considering filing a wrongful death suit.
This article breaks down the statutes of limitations for wrongful death lawsuits across the U.S., focusing on key states like Nevada, California, Colorado, Florida, New York, and Ohio. We’ll also explain what a wrongful death claim entails, who can file, what exceptions may apply, and why time is of the essence when a loved one’s death occurs due to a wrongful act.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil legal action brought by surviving family members when someone dies as a result of a negligent act, medical malpractice, intentional violence, or another wrongful conduct. These cases seek compensation for the damages suffered by the deceased person’s loved ones.
Common causes of wrongful death include:
- Fatal injuries from a car accident, such as those sustained in a hit-and-run accident
- Medical malpractice cases involving misdiagnosis or surgical error
- Workplace accidents or occupational diseases
- Violent intentional conduct like assault or criminal homicide
Wrongful death laws allow certain family members, like a decedent’s surviving spouse, children, or parents, to pursue financial compensation for their loss.
Wrongful death cases aim to provide relief for:
- Medical expenses related to the victim’s death
- Funeral and burial expenses
- Loss of income and financial support
- Pain and suffering of surviving family members
- Punitive damages if the defendant’s actions fell under gross negligence or intentional harm
What Does the Wrongful Death Statute of Limitations Mean?
The wrongful death statute of limitations refers to the legally defined period during which you must file a wrongful death claim. If you fail to file the civil lawsuit within this limitations period, the court may dismiss your case regardless of its merit.
This time limit typically starts when the person’s death occurs. However, under the discovery rule, the countdown may begin when the death or its cause becomes reasonably known. This applies to cases involving medical malpractice, occupational diseases, or incidents where the connection between the wrongful act and the fatal injury isn’t immediately apparent.
The statute exists to protect the integrity of legal proceedings and ensure evidence remains intact and witnesses are available. But it can also prevent families from seeking justice if they wait too long.
State-by-State Breakdown of Wrongful Death Statutes of Limitations
Let’s explore how the wrongful death statute of limitations varies by state. The timeline, exceptions, and legal claim conditions differ significantly.
California
- Time Limit: 2 years from the decedent’s death (California Code of Civil Procedure § 335.1).
- Who Can File: Decedent’s surviving spouse, domestic partner, children, or if none, anyone entitled to the decedent’s estate under intestate succession. (California Code of Civil Procedure § 377.60).
Nevada
- Time Limit: 2 years (Nevada Revised Statutes § 11.190(4)(e)).
- Who Can File: Heirs and personal representatives of the deceased (Nevada Revised Statutes § 41.085).
Colorado
- Time Limit: 2 years (Colo. Rev. Stat. § 13-80-102).
- First Year Restriction: During the first year after the deceased person’s death, the surviving spouse has priority to file. The spouse may also choose, in writing, to allow the heirs or a designated beneficiary to bring the claim.
- After One Year: Surviving heirs and designated beneficiaries may also initiate legal action (Colorado Revised Statutes § 13-21-201).
Florida
- Time Limit: 2 years (Florida Statutes § 95.11(5)(e)).
- Who Can File: Personal representative on behalf of the decedent’s estate and surviving family members (Florida Statutes § 768.20).
New York
- Time Limit: 2 years.
- Who Can File: Personal representative of the deceased person’s estate (New York Estates, Powers & Trusts Law § 5-4.1).
Ohio
- Time Limit: 2 years.
- Who Can File: Personal representative for the exclusive benefit of the decedent’s close family members (Ohio Revised Code § 2125.02).
When Exceptions May Apply
While most states enforce strict deadlines, certain circumstances can delay or shorten the clock on wrongful death lawsuits. Understanding these nuances could mean the difference between a valid wrongful death claim and a missed opportunity for justice.
Common exceptions include:
- The discovery rule applies if the cause of death wasn’t known right away
- Cases involving minor children who may file later when they reach adulthood
- Medical malpractice or occupational diseases, where symptoms develop long after the exposure
- Claims involving a government entity where shorter notice and deadlines apply
These legal proceedings can be complex. Only a wrongful death lawyer in your state with experience in such cases can help evaluate how your situation aligns with the applicable laws.
The Value of Acting Within the Legal Timeframe
A wrongful death action carries more than just legal weight; it holds emotional and financial consequences. Funeral expenses, burial expenses, lost income, and psychological trauma affect the lives of immediate family members. You may also face delays from an insurance company, which often seeks to minimize payouts unless legal pressure is applied.
If the defendant’s actions fell under violent, intentional conduct or gross negligence, courts may even award punitive damages. However, in such a lawsuit, eligibility and outcomes depend on your state’s laws and how promptly you take legal action.
Initiating a legal claim within the applicable statute allows your wrongful death attorney to:
- Gather critical evidence before it disappears
- File lawsuits strategically and on time
- Represent your family’s needs in court
- Hold the responsible party accountable
Time Is a Silent Factor in Wrongful Death Cases
Every wrongful death lawsuit begins with a tragedy. But whether the tragedy leads to justice depends largely on timing. Each state’s limitations period shapes the window in which surviving family members can file and pursue accountability. Knowing the applicable statute can empower grieving families to act with clarity.
If you’ve lost a loved one due to a wrongful act, you may have legal options. The wrongful death attorneys at Bourassa Law Group can help you understand the legal process with experience, compassion, and a commitment to your case.
Contact us for a free consultation with a wrongful death attorney today.
1-800-870-8910