What is the deadline for a wrongful death claim?

The wrongful death period generally runs two years from the date of death, not from the underlying incident. Where someone is injured and dies later, the clock typically starts at death.

The practical compression is severe. Before a claim can be filed, a probate estate must be opened and a personal representative appointed. That takes weeks and sometimes longer. Records have to be obtained. In medical negligence cases, a pre-suit investigation process must be completed before filing.

Families who wait a year before consulting anyone frequently find the remaining time inadequate for those steps.

Different rules apply to claims against government entities, which carry notice requirements and their own periods.

Evidence runs on its own schedule regardless — records, footage, and witness availability all degrade.