{"id":353550,"date":"2016-04-04T10:47:02","date_gmt":"2016-04-04T15:47:02","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/wrongful-death-claims-time-limits-and-the-discovery-rule.html"},"modified":"2025-08-13T11:45:27","modified_gmt":"2025-08-13T16:45:27","slug":"wrongful-death-claims-time-limits-and-the-discovery-rule","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/wrongful-death-claims-time-limits-and-the-discovery-rule.html","title":{"rendered":"Wrongful Death Claims: Time Limits and the ‘Discovery’ Rule"},"content":{"rendered":"\n
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Wrongful Death Claims: Time Limits and the 'Discovery' Rule<\/h1>\n\n
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\n By Danielle Gilmore, Esq.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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All states have statute of limitations laws on wrongful death cases. The time limit in some states is only a year. Most states allow two or three years, and some allow even more. A few case factors can also affect how long you have to file.<\/p>\n\n <\/div>\n\n\n\n

All civil actions, including wrongful death lawsuits, have time limits for when a claimant must file their case. These time limits, or “limitations periods,” are set by statutes of limitations.<\/p>\n

When the statute of limitations<\/a> period runs out, you lose your right to sue on your legal claim. This timeline can be especially hard for families who are already bearing the grief and difficulties from losing their loved one.<\/p>\n

That’s why it’s wise to speak with a qualified local wrongful death attorney<\/a> as soon as possible. They can help manage the details of the claim process to minimize your stress after a loss. If you waited to learn about your legal options, it might not be too late. An attorney can help determine if your case is still valid under the statute of limitations rule.<\/p>\n

The ‘Discovery Rule’ in Wrongful Death Actions<\/h2>\n

The limitations period in a wrongful death action<\/a> begins when the filing party either:<\/p>\n