Does the wrongful-death clock start at death or at injury?

Almost always at death, not at the injury that caused the death. The decedent's surviving negligence claim merges into the wrongful-death claim at death, and the wrongful-death statute starts running on the date of death. This is true even when the decedent survived for years between injury and death.

What if the cause of death was not initially known?

Some states apply the discovery rule to wrongful death, starting the clock when the cause of death (or the connection between the cause and the defendant's conduct) was discovered or should have been discovered. Other states apply a strict date-of-death rule with no discovery extension. Toxic-tort and latent-disease cases are the recurring fact pattern.

What deadlines apply to government defendants?

Federal Tort Claims Act: administrative claim within 2 years of accrual, suit within 6 months of denial (28 U.S.C. § 2401(b)). State and local government defendants typically require a notice of claim within 6 months (sometimes shorter) followed by suit within 1–2 years. Missing the notice deadline extinguishes the claim regardless of the longer suit deadline.

Guide

Wrongful death statute of limitations.

Wrongful-death deadlines are absolute. They typically run from the date of death, not from the date of the original injury, and government-defendant cases require notice within months — far shorter than the suit period.

The default rule

Most states impose a wrongful-death statute of limitations of 2 years from the date of death. Notable variations:

1 year: Louisiana, Kentucky (some causes), Tennessee (one of two limitations options).
3 years: Maryland, Massachusetts, North Carolina, Rhode Island, Vermont.
2 years: Most other states — California, Texas, Florida, New York, Illinois, Georgia, and dozens more.

Always verify the current statute; legislatures sometimes shorten or extend.

Date of death vs date of injury

The wrongful-death clock starts at death, not at the original injury. A decedent who survives for two years before dying from injuries sustained in a crash has wrongful-death rights that begin on the date of death — even though the negligence statute on the underlying crash may have run while alive. Survival claims (pre-death pain and suffering, lost wages) follow the underlying negligence claim's timeline; wrongful-death claims follow the death-date rule.

Discovery rule in wrongful death

Application varies. About half of states extend the discovery rule to wrongful death — particularly in toxic-tort, latent-disease, and medical-malpractice contexts where the cause of death is not apparent at death itself. The other half apply a strict date-of-death rule. Latent-disease wrongful death (mesothelioma, occupational cancer) is the recurring fact pattern testing the rule.

Government defendants

Federal: The Federal Tort Claims Act requires an administrative claim within 2 years of accrual (28 U.S.C. § 2401(b)). After denial (or 6 months of agency inaction), suit must be filed within 6 months. VA hospital and military wrongful-death cases are the recurring fact pattern.

State and local: Most states impose a notice-of-claim requirement on tort suits against state agencies, counties, cities, and special districts. Common timing: notice within 6 months of accrual; suit within 1–2 years thereafter. California (Gov. Code § 911.2): 6 months for personal injury, death, or property damage. New York (Gen. Mun. Law § 50-e): 90 days. Missing the notice deadline forfeits the claim regardless of the suit-period.

Tolling

Minority of beneficiary: Many states toll the wrongful-death clock for minor beneficiaries, though some run the clock from death regardless of who the beneficiaries are.
Fraudulent concealment: Most states toll for fraudulent concealment of the cause or the defendant's role.
Defendant's absence from the state: Some states toll while a non-resident defendant is outside the state, but the rule has constitutional limits.

Probate-opening timing

In personal-representative-model states, the suit cannot be filed until a personal representative is appointed. The appointment requires opening probate, which itself takes weeks to months. Plan the probate opening within the first 6 months after death to leave room for both the appointment and the filing within the limitations period.

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Frequently asked questions

Sources

[1]State Wrongful Death Statutes of Limitations — survey — National Conference of State Legislatures
[2]Federal Tort Claims Act, 28 U.S.C. § 2401(b) — Cornell Legal Information Institute
[3]Discovery Rule — overview — Cornell Legal Information Institute