Wrongful Death Statute of Limitations in District of Columbia

Last verified 2026-07 · Source: D.C. Code § 16-2702 ✓ verified · 3 sources

The deadline to file a wrongful death lawsuit in District of Columbia is 2 years, set by D.C. Code § 16-2702. It starts running on Date of death. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.

District of Columbia Deadlines for Related Claims

When the Clock Starts

In District of Columbia, the limitations period for wrongful death claims generally begins on Date of death. District of Columbia does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.

Exceptions That Can Extend the Deadline

• Minors: the clock is generally paused while the injured person is under 18.
• Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
• Defendant leaves the state: absence can pause the clock in many circumstances.
• Government-claim trap: D.C. Code § 12-309 requires written notice within 6 months of injury for claims against the District of Columbia for unliquidated damages. Notice must include approximate time, place, cause, and circumstances. A Metropolitan Police Department report filed in regular course of duty satisfies the notice requirement.
• Damage caps: No cap on wrongful death damages in the District of Columbia.

Action must be brought by the personal representative of the deceased. Extended from 1-year to 2-year SOL by the Wrongful Death Act of 2012. Separate survival action has a 3-year SOL from date of injury (not death). Wrongful death statute is D.C. Code § 16-2701 (liability); § 16-2702 (party plaintiff and SOL). Damages for mental distress, grief, or anguish are not recoverable. Beneficiaries include surviving spouse, domestic partner, or next of kin.

Source: D.C. Code § 16-2702, official District of Columbia statute · verified 2026-07

What to Do Before the Deadline Runs

1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
3. Send preservation/notice letters where required (especially for District of Columbia government defendants).
4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How District of Columbia Compares to Nearby States

Frequently Asked Questions

Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed District of Columbia attorney.