Wrongful Death Laws
53 articles
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Alabama Wrongful Death Laws (2026): Deadlines
Alabama wrongful death law under Code 6-5-410: the 2-year deadline, why only the personal representative can sue, and the unique punitive-only damages rule.
Arkansas Wrongful Death Laws (2026): Deadlines & Who Can Sue
Arkansas wrongful death claims: the 3-year deadline to file, who can sue (personal representative or heirs at law), survival actions, damages, and fault rules.
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California Wrongful Death Laws (2026): Deadlines & Who Can Sue
California wrongful death claims: the 2-year deadline to file, who can sue under CCP 377.60, survival actions, what damages are allowed, and the 2026 sunset.
Colorado Wrongful Death Laws (2026): Deadlines & Who Can Sue
Colorado wrongful death claims: the 2-year deadline, the spouse's first-year priority, survival actions, the solatium option, the noneconomic cap, and fault.
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District of Columbia Wrongful Death Laws (2026)
DC wrongful death law: the 2-year deadline, the personal representative who files, the pecuniary-loss rule (no grief), the Survival Act, and contributory fault.
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Felony Bar Defeats Washington Jail Wrongful Death Claim
Division Three held on October 8, 2026 that RCW 4.24.420 bars a wrongful death claim over a Grant County jail overdose, and that the 2021 amendments do not apply.
Florida Wrongful Death Laws (2026): Deadlines & Who Can Sue
Florida wrongful death claims: the 2-year deadline, who the personal representative sues for, damages, the medical-malpractice limit on adult children, caps.
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Georgia Wrongful Death Laws (2026): Deadlines & Who Can Sue
Georgia wrongful death claims: the 2-year deadline, who can sue and in what order, the full value of the life measure, the separate estate claim, and caps.
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Hawaii Wrongful Death Laws (2026): Deadlines & Who Can Sue
Hawaii wrongful death claims: the 2-year deadline, who can sue, loss of society damages, the survival action, and the $375,000 pain-and-suffering cap.
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Iowa Wrongful Death Laws (2026): Deadlines & Who Can Sue
Iowa wrongful death claims: the 2-year deadline, who can file (the estate's administrator), damages, the survival action, fault, and how proceeds pass.
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Kansas Wrongful Death Laws (2026): Deadlines & Who Can Sue
Kansas wrongful death claims: the 2-year deadline, who can file (any heir at law), the $250,000 cap on nonpecuniary damages, fault, and how recovery is divided.
Kentucky Wrongful Death Laws (2026): Deadlines & Who Can Sue
Kentucky wrongful death claims: the short 1-year deadline tied to the estate representative, who can file, damages, no cap (Ky. Const. 54), and distribution.
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Louisiana Wrongful Death Laws (2026): Deadlines
Louisiana wrongful death and survival deadlines after the 2025 change, who may sue under the exclusive beneficiary classes, damages, caps, and fault.
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Maine Wrongful Death Laws (2026): Deadlines & Who Can Sue
Maine wrongful death deadline (3 years), who may file, wrongful death vs survival, recoverable damages, and the current caps on comfort and punitive damages.
Maryland Wrongful Death Laws (2026): Deadlines & Who Sues
Maryland wrongful death deadline (3 years from death), primary and secondary beneficiaries, survival actions, damages, the noneconomic cap, and fault.
Massachusetts Wrongful Death Laws (2026): Deadlines
Massachusetts wrongful death law: the 3-year deadline, who can file, the damages and punitive minimum under G.L. c. 229, and whether any caps apply.
Michigan Wrongful Death Laws (2026): Deadlines
Michigan wrongful death law: the 3-year deadline, the personal representative who must file, the damages under MCL 600.2922, caps, and how courts distribute.
Minnesota Wrongful Death Laws (2026): Deadlines
Minnesota wrongful death law: the 3-year deadline (6-year ceiling), the court-appointed trustee who files, and pecuniary-loss damages under Minn. Stat. 573.02.
Mississippi Wrongful Death Laws (2026): Deadlines
Mississippi wrongful death law: the deadline, the listed family members who file one combined suit under Miss. Code 11-7-13, the survival overlap, and damages.
Missouri Wrongful Death Laws (2026): Deadlines
Missouri wrongful death law: the 3-year deadline (RSMo 537.100), the tiered classes of who may sue under RSMo 537.080, recoverable damages, and fault rules.
Montana Wrongful Death Laws (2026): Deadlines
Montana wrongful death law: the 3-year deadline (10 for homicide), the personal representative who files under MCA 27-1-513, plus survival claims and damages.
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Nebraska Wrongful Death Laws (2026): Deadlines
Nebraska wrongful death law: the 2-year deadline from death, who files (personal representative), pecuniary-loss damages, and why punitive damages are barred.
Nevada Wrongful Death Laws (2026): Deadlines
Nevada wrongful death law: the 2-year deadline, the two claims under NRS 41.085 (heirs and the estate), grief and companionship damages, and no damage cap.
New Hampshire Wrongful Death Laws (2026): Deadlines
New Hampshire wrongful death law: survival statute RSA 556:12, the 3-year deadline, who files, and 2025 caps ($500,000 spouse, $300,000 each other claimant).
New Jersey Wrongful Death Laws (2026): Deadlines
New Jersey wrongful death law: the 2-year deadline, who files, the pecuniary-only damages rule and Green v. Bittner, the separate Survival Act, and caps.
New Mexico Wrongful Death Laws (2026): Deadlines
New Mexico wrongful death law: the 3-year deadline, the personal representative as statutory trustee, the value-of-life damages under NMSA 41-2-1, and caps.
New York Wrongful Death Laws (2026): Deadlines
New York wrongful death law: the 2-year deadline, who files, the pecuniary-only damages rule under EPTL 5-4.1, the vetoed Grieving Families Act, and caps.
North Carolina Wrongful Death Laws (2026): Deadlines
North Carolina wrongful death law under G.S. 28A-18-2: the 2-year deadline, who must file, the damages allowed, and the pure contributory negligence rule.
North Dakota Wrongful Death Laws (2026): Deadlines
North Dakota wrongful death law under N.D.C.C. ch. 32-21: the 2-year deadline, the priority list of who may sue, the damages allowed, and comparative fault.
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Ohio Wrongful Death Laws (2026): Deadlines & Who Sues
Ohio wrongful death law under R.C. 2125.02: the 2-year deadline, who must file, the presumed beneficiaries, damages, caps, and comparative fault.
Oklahoma Wrongful Death Laws (2026): Deadlines & Who Can Sue
Oklahoma wrongful death claims: the 2-year deadline under 12 O.S. 1053, who can sue, survival actions, recoverable damages, and the struck-down noneconomic cap.
Oregon Wrongful Death Laws (2026): Deadlines & Who Can Sue
Oregon wrongful death claims: the 3-year deadline under ORS 30.020, who can sue, what damages are allowed, the $500,000 noneconomic cap, and how fault applies.
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Pennsylvania Wrongful Death Laws (2026): Deadlines & Who Sues
Pennsylvania wrongful death and survival actions: the 2-year deadline, who can sue under 42 Pa.C.S. 8301, the separate survival claim, damages, and fault rules.
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Tennessee Wrongful Death Laws (2026): Deadlines & Who Sues
Tennessee wrongful death claims: the short 1-year deadline (extendable to 2), who can sue under T.C.A. 20-5-106/107, the pass-through model, damages, and caps.
Texas Wrongful Death Laws (2026): Deadlines & Who Can Sue
Texas wrongful death claims: the 2-year deadline, who can sue under CPRC 71.004, the separate survival action, damages, the exemplary damages cap, and fault.
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Utah Wrongful Death Laws (2026): Deadlines & Who Can Sue
Utah wrongful death claims: the 2-year deadline, who can sue under 78B-3-106, the separate survival action, damages, and the constitutional ban on damage caps.
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Vermont Wrongful Death Laws (2026): Deadlines & Who Sues
Vermont wrongful death deadline (2 years from death under 14 V.S.A. 1492), who the personal representative sues for, survival actions, damages, and fault rules.
Virginia Wrongful Death Laws (2026): Deadlines & Who Sues
Virginia wrongful death deadline (2 years), beneficiary classes under 8.01-53, survival actions, damages under 8.01-52, and the strict contributory fault rule.
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Washington Wrongful Death Laws (2026): Deadlines & Who Sues
Washington wrongful death deadline (3 years), the post-2019 beneficiary rules under RCW 4.20.020, survival actions, damages, no cap after Sofie, and pure fault.
West Virginia Wrongful Death Laws (2026): Deadlines
West Virginia wrongful death under W.Va. Code 55-7-5 and 55-7-6: the 2-year deadline, the personal representative who files, recoverable damages, and fault.
Wisconsin Wrongful Death Laws (2026): Deadlines & Who Sues
Wisconsin wrongful death under Wis. Stat. 895.03 and 895.04: the 3-year deadline (2 years for motor-vehicle deaths), who can sue, the society cap, and fault.
Wrongful Death Laws by State (2026): Deadlines & Who Can Sue
A wrongful death lawsuit is a civil claim by a family or estate after a death caused by negligence. Deadlines are often 2 or 3 years but vary by state.
Wrongful Death Laws in Alaska (2026): Deadlines & Who Can Sue
Alaska wrongful death law under AS 09.55.580: the 2-year deadline, who the personal representative sues for, recoverable damages, and the survival action.
Wrongful Death Laws in Arizona (2026): Deadlines & Who Can Sue
Arizona wrongful death law under ARS 12-611 to 12-613: the 2-year deadline, who can sue, recoverable damages, and why the state bars damage caps.
Wrongful Death Laws in Connecticut (2026): Deadlines
Connecticut wrongful death law: the 2-year deadline (5-year repose), who can file, the decedent-centered damages model, caps, punitive damages, and fault rules.
Wrongful Death Laws in Delaware (2026): Deadlines
Delaware wrongful death law: the 2-year deadline, who can file, wrongful death vs survival, damages including mental anguish, caps, punitive damages, and fault.
Wrongful Death Laws in Idaho (2026): Deadlines & Who Can Sue
Idaho wrongful death claims: the 2-year deadline, who can sue (heirs or estate), recoverable damages, the noneconomic damages cap, and how fault rules apply.
Wrongful Death Laws in Illinois (2026): Deadlines & Who Can Sue
Illinois wrongful death claims: the 2-year deadline (with exceptions), who can file, grief and mental suffering damages, the Survival Act, and the damage caps.
Wrongful Death Laws in Indiana (2026): Deadlines & Who Can Sue
Indiana wrongful death claims: the 2-year deadline, Indiana's three wrongful death statutes, the $300,000 adult cap, who can file, damages, and how fault works.
Wrongful Death Laws in Rhode Island (2026): Deadlines
Rhode Island wrongful death law: the 3-year deadline, who can file, the $350,000 statutory minimum recovery, the earnings formula, consortium, and fault rules.
Wrongful Death Laws in South Carolina (2026): Deadlines
South Carolina wrongful death law: the 3-year deadline, who can file, the beneficiary hierarchy, grief and companionship damages, and the fault rules.
Wrongful Death Laws in South Dakota (2026): Deadlines
South Dakota wrongful death law: the 3-year deadline, who may file, the pecuniary-loss damages standard, no general cap, and the state's slight-gross fault rule.
Wyoming Wrongful Death Laws (2026): Deadlines & Who Sues
Wyoming wrongful death under Wyo. Stat. 1-38-101 to 1-38-102: the 2-year deadline, the wrongful death representative who files, damages, and the no-cap rule.