Wrongful Death Deadlines by State

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

1. ABA Model Rule 1.5 (Fees)

   Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

2. Cornell LII — contingency fee
3. Cal. Code Civ. Proc. § 335.1 (two-year personal injury limitation)
4. Tex. Civ. Prac. & Rem. Code § 16.003 (two-year limitation)
5. Fla. Stat. § 95.11 (limitations) · in force from 24 March 2023

   HB 837 (2023) reduced the general negligence limitation period from four years to two.

6. N.Y. Estates, Powers & Trusts Law § 5-4.1 (wrongful death action)

   A wrongful death action in New York is brought by the decedent's personal representative and must be commenced within two years after death (with a longer period for the September 11 attacks).

7. N.Y. C.P.L.R. § 214 (three-year limitation)
8. Death on the High Seas Act, 46 U.S.C. § 30302 et seq.

   Federal wrongful death remedy for deaths caused by wrongful acts on the high seas more than three nautical miles from shore; recovery is limited to pecuniary loss and the action must be brought within three years (46 U.S.C. § 30106).

9. 46 U.S.C. § 30106 (time limit for maritime personal injury and death actions)

   Three years from accrual for a maritime tort, unless another law says otherwise. Cruise and commercial passenger tickets often impose much shorter contractual notice and suit periods.

10. Cal. Gov't Code § 911.2 (claim against a public entity — six months)

    A claim for death or personal injury against a California public entity must be presented within six months of accrual — separate from, and much shorter than, the two-year general limitation in CCP § 335.1.

11. N.Y. General Municipal Law § 50-e (notice of claim — ninety days)

    A notice of claim against a New York public corporation is due within 90 days of the claim arising — far shorter than CPLR § 214's three-year general limitation. § 50-i then gives one year and 90 days from accrual to actually commence the lawsuit.

12. Tex. Civ. Prac. & Rem. Code § 101.101 (Tort Claims Act notice — six months)

    Default notice to a Texas governmental unit is due within six months of the incident, but a city or other local unit may set its own notice period by charter or ordinance — no shorter than 30 days. Always check the specific city's charter, not just the state default.

13. Fla. Stat. § 768.28 (sovereign immunity — presentment of claims)

    A claim against a Florida state agency or subdivision must be presented in writing within three years — the same period as the general negligence limitation, not shorter. But suit cannot be filed until the agency denies the claim or 180 days pass, whichever is first — a waiting requirement, not a shorter deadline.