Wrongful death law by state

Alabama’s wrongful death law is punitive-only: the personal representative sues within two years to punish the wrongdoer, and any recovery is distributed to heirs but is not based on itemized economic losses.

Alaska wrongful death claims are filed by the estate’s representative within two years and can compensate family members for financial losses and the loss of a loved one’s care and companionship.

Arizona wrongful death claims must be filed within two years and may be brought by close family or the estate, with damages covering both economic loss and emotional harm.

Arkansas law lets the executor or the heirs sue for a wrongful death. Surviving family members can recover losses, a spouse’s loss of companionship, and grief. The deceased’s medical bills and suffering can also be recovered. There is no damage cap, and punitive damages are possible.

California wrongful death claims must be filed within two years and may be brought by close family or the estate, with damages for companionship, financial support, and household services.

This guide explains Colorado wrongful death rules in plain language—who can file and when, what damages are available, and how Colorado’s damage caps and deadlines affect grieving families.

In Connecticut, wrongful death claims must be filed by the estate’s executor or administrator within two years, with possible recovery for economic loss, pain and suffering, and the loss of life’s enjoyment.

Delaware’s wrongful death law lets certain family members seek compensation for both financial losses and the emotional impact of a preventable death, but they usually must act within two years of the event that caused the death.

Florida wrongful death claims must be filed by the estate’s representative within two years, with survivors able to recover for support, companionship, and mental pain and suffering.

Georgia wrongful death claims consider the full value of the decedent’s life and must generally be filed within two years.

Hawaii wrongful death claims can be filed on behalf of close family members and dependents within two years and can compensate for both financial losses and loss of love, affection, and companionship.

Idaho wrongful death claims are generally filed within two years and may be brought by heirs or the estate, with damages for financial losses and the loss of a loved one’s care and companionship.

This guide explains the key features of Illinois wrongful death law in plain English. It covers who can bring a claim, the typical 2-year deadline to file, what losses are recoverable and any special rules.

This guide explains who can sue, the two-year filing deadline, and what damages are available to survivors.

Iowa wrongful death claims must be filed within two years and are brought by the estate for the family’s financial losses, emotional harms, and the decedent’s own suffering.

In Kansas, any heir at law who lost financial support from the deceased can sue. Families may recover lost income/support and funeral or medical costs, as well as non-economic damages like grief, loss of companionship, and parental care.

This guide walks you through who can sue, deadlines, what compensation is possible, and other key points. It is meant to inform and not to provide legal advice.

This guide explains who can bring a wrongful death claim in Louisiana, how the newer two-year prescriptive period interacts with the traditional one-year rule, and what kinds of damages grieving families may be able to recover.

In Maine, wrongful death claims are filed by the estate’s personal representative, with damages available for economic loss and companionship but subject to statutory caps.

Maryland wrongful death claims must be filed within three years, with recovery available to close family members for financial losses and loss of companionship, subject to noneconomic damage caps.

A Massachusetts wrongful death claim is filed by the estate’s personal representative for the benefit of the surviving family, with a three-year deadline and compensation for the financial and human impact of the death.

This guide explains how Michigan wrongful death claims work in plain English—who can bring a claim, how long families have to file, what types of compensation may be available, and what to expect from the process. It is general information only and not legal advice.

This guide explains how Minnesota wrongful death claims work in plain English—who can bring a claim, how long families may have to file, what types of compensation may be available, and what to expect from the process. It is general information only and not legal advice.

In Mississippi, multiple family members or the estate can bring a single wrongful death action, with a three-year negligence deadline and capped noneconomic damages only in medical malpractice cases.

In Missouri, the surviving spouse or child can sue for wrongful death. Survivors may recover financial losses and loss of consortium, and the decedent’s own pain and suffering up to death.

This guide explains how Montana wrongful death claims work—who can bring a case, what deadlines apply, and what damages may be available—using plain language for families dealing with sudden loss.

In Nebraska, wrongful death claims must be brought by the decedent’s personal representative on behalf of the surviving spouse and next of kin. Only financial losses are recoverable – for example, lost income, lost household services, and medical or burial expenses paid by the family.

Nevada wrongful death claims allow both heirs and the estate to pursue damages for financial loss, grief, and pain and suffering, with a two-year filing deadline.

New Hampshire allows broad recovery for wrongful death, with no general damage caps and a three-year filing window.

A New Jersey wrongful death claim is brought by the personal representative for the benefit of dependent family members and must usually be filed within two years, with compensation limited to economic and service-related losses rather than grief or punitive damages.

New Mexico wrongful death claims must be filed by the estate’s representative within three years and provide compensation to family members for financial loss, companionship, and, in some cases, punitive damages.

This guide explains New York wrongful death law in clear language: who can sue, how long you have to file, what compensation is available, and what the process generally looks like. It is for informational purposes only and not legal advice.

North Carolina wrongful death claims must be filed within two years and are brought by the estate’s representative for the benefit of surviving family members.

North Dakota wrongful death claims must be filed within two years and may be brought by close family members or the estate, with damages covering financial and emotional losses.

This guide explains who may sue; the two-year deadline to file a claim; and what compensation is available (including lost wages, funeral costs, and survivors’ loss of society).

Oklahoma wrongful death claims must be filed within two years by the estate’s representative and allow families to recover for financial losses, grief, companionship, and the decedent’s pain and suffering.

Oregon wrongful death claims are brought by the estate’s personal representative within set three-year time limits and can compensate both the estate and family members for financial and relational losses.

This guide explains Pennsylvania wrongful death law clearly — who may sue, deadlines, damages available, and what the court process looks like. It is general information only, not legal advice.

Rhode Island’s wrongful death law provides a three-year filing window, a guaranteed minimum recovery when liability is proven, and no overall cap on damages, while still requiring proof that another’s wrongful act caused the death.

South Carolina wrongful death claims must be filed by the estate’s representative within three years and allow recovery for financial loss, companionship, and mental anguish.

South Dakota wrongful death claims must be brought by the estate within three years and can compensate families for financial losses, loss of companionship, and the decedent’s own suffering.

This page explains Tennessee wrongful death law in plain language: who can file, deadlines, what damages are recoverable, and how the process works. It is informational only and not legal advice.

Texas wrongful death law gives spouses, children, and parents the first right to sue within two years, with the estate stepping in later if they do not file, and allows recovery for financial loss, companionship, mental anguish, and, in some cases, punitive damages.

Utah wrongful death actions may be filed by heirs or the estate, must typically be brought within two years, and allow compensation for financial loss and companionship.

Vermont wrongful death claims must be filed within two years, with recovery available for economic loss, companionship, and pain and suffering.

Virginia wrongful death claims must be filed by the estate’s personal representative within two years, with recovery for economic losses, companionship, and sorrow.

Washington wrongful death cases are filed by a court-appointed personal representative within three years of death, for the benefit of family members who suffered economic and emotional loss.

West Virginia wrongful death claims must be filed by the personal representative within two years, with broad damages available and no general caps outside medical malpractice cases.

Wisconsin wrongful death claims must be filed within two to three years and allow recovery for financial losses, companionship, and the decedent’s own suffering.

This guide explains how Wyoming wrongful death claims work—who serves as the wrongful death representative, what damages may be recovered, and the strict two-year deadline families need to know about.