## How the limitation period applies

The controlling primary authority for US-DC wrongful death SOL (D.C. Code § 16-2702) is **D.C. Code § 16-2702**.

> **D.C. Code § 16-2702.** An action pursuant to this chapter shall be brought by and in the name of the personal representative of the deceased person, and within 2 years after the death of the person injured.

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DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

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## Sources

- [D.C. Code § 16-2702 — D.C. Code § 16-2702](https://code.dccouncil.gov/us/dc/council/code/sections/16-2702)

All sources are official primary law published by `code.dccouncil.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


Statute of Limitations for Wrongful Death in District of Columbia.

Statute of Limitations for Wrongful Death in District of Columbia

(a) Except as otherwise specifically provided by law, actions for the following purposes may not be brought after the expiration of the period specified below from the time the right to maintain the action accrues: (1) for the recovery of lands, tenements, or hereditaments— 15 years; (2) for the recovery of personal property or damages for its unlawful detention— 3 years; (3) for the recovery of damages for an injury to real or personal property— 3 years; (4) for libel, slander, assault, battery, mayhem, wounding, malicious prosecution, false arrest or false imprisonment— 1 year; (5) for a statutory penalty or forfeiture— 1 year; (6) on an executor’s or administrator’s bond— 5 years; on any other bond or single bill, covenant, or other instrument under seal— 12 years; (7) on a simple contract, express or implied— 3 years;

Except as otherwise specifically provided by law, actions for the following purposes may not be brought after the expiration of the period specified below from the time the right to maintain the action accrues: (1) for the recovery of lands, tenements, or hereditaments— 15 years; (2) for the recovery of personal property or damages for its unlawful detention— 3 years; (3) for the recovery of damages for an injury to real or personal property— 3 years; (4) for libel, slander, assault, battery, mayhem, wounding, malicious prosecution, false arrest or false imprisonment— 1 year; (5) for a statutory penalty or forfeiture— 1 year; (6) on an executor’s or administrator’s bond— 5 years; on any other bond or single bill, covenant, or other instrument under seal— 12 years; (7) on a simple contract, express or implied— 3 years; (8) for which a limitation is not otherwise specially prescribed— 3 years;

Except as otherwise specifically provided by law, actions for the following purposes may not be brought after the expiration of the period specified below from the time the right to maintain the action accrues: (8) for which a limitation is not otherwise specially prescribed— 3 years.

(8) for which a limitation is not otherwise specially prescribed— 3 years;

(a)] Except as otherwise specifically provided by law, actions for the following purposes may not be brought after the expiration of the period specified below from the time the right to maintain the action accrues: (1) for the recovery of lands, tenements, or hereditaments— 15 years; (2) for the recovery of personal property or damages for its unlawful detention— 3 years; (3) for the recovery of damages for an injury to real or personal property— 3 years; (4) for libel, slander, assault, battery, mayhem, wounding, malicious prosecution, false arrest or false imprisonment— 1 year; (5) for a statutory penalty or forfeiture— 1 year; (6) on an executor’s or administrator’s bond— 5 years; on any other bond or single bill, covenant, or other instrument under seal— 12 years; (7) on a simple contract, express or implied— 3 years; (8) for which a limitation is not otherwise specially prescribed— 3 years

Except as otherwise specifically provided by law, actions for the following purposes may not be brought after the expiration of the period specified below from the time the right to maintain the action accrues: (1) for the recovery of lands, tenements, or hereditaments— 15 years; (2) for the recovery of personal property or damages for its unlawful detention— 3 years; (3) for the recovery of damages for an injury to real or personal property— 3 years; (4) for libel, slander, assault, battery, mayhem, wounding, malicious prosecution, false arrest or false imprisonment— 1 year; (5) for a statutory penalty or forfeiture— 1 year; (6) on an executor’s or administrator’s bond— 5 years; on any other bond or single bill, covenant, or other instrument under seal— 12 years; (7) on a simple contract, express or implied— 3 years; (8) for which a limitation is not otherwise specially prescribed— 3 years.

Except as otherwise specifically provided by law, actions for the following purposes may not be brought after the expiration of the period specified below from the time the right to maintain the action accrues: (1) for the recovery of lands, tenements, or hereditaments— 15 years; (2) for the recovery of personal property or damages for its unlawful detention— 3 years; (3) for the recovery of damages for an injury to real or personal property— 3 years; (4) for libel, slander, assault, battery, mayhem, wounding, malicious prosecution, false arrest or false imprisonment— 1 year; (5) for a statutory penalty or forfeiture— 1 year; (6) on an executor’s or administrator’s bond— 5 years; on any other bond or single bill, covenant, or other instrument under seal— 12 years; (7) on a simple contract, express or implied— 3 years; (8) for which a limitation is not otherwise specially prescribed— 3 years

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party’s lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

An action pursuant to this chapter shall be brought by and in the name of the personal representative of the deceased person, and within 2 years after the death of the person injured.

Except as otherwise specifically provided by law, actions for the following purposes may not be brought after the expiration of the period specified below from the time the right to maintain the action accrues: (6) on an executor’s or administrator’s bond— 5 years; on any other bond or single bill, covenant, or other instrument under seal— 12 years; (7) on a simple contract, express or implied— 3 years; (8) for which a limitation is not otherwise specially prescribed— 3 years;

Any action commenced on or after May 14, 1947, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [ 29 U.S.C. 201 et seq. ], the Walsh-Healey Act, or the Bacon-Davis Act 1 - (a) if the cause of action accrues on or after May 14, 1947-may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued;

Except as otherwise specifically provided by law, actions for the following purposes may not be brought after the expiration of the period specified below from the time the right to maintain the action accrues: (1) for the recovery of lands, tenements, or hereditaments— 15 years; (2) for the recovery of personal property or damages for its unlawful detention— 3 years; (3) for the recovery of damages for an injury to real or personal property— 3 years; (4) for libel, slander, assault, battery, mayhem, wounding, malicious prosecution, false arrest or false imprisonment— 1 year; (5) for a statutory penalty or forfeiture— 1 year; (6) on an executor’s or administrator’s bond— 5 years; on any other bond or single bill, covenant, or other instrument under seal— 12 years; (7) on a simple contract, express or implied— 3 years; (8) for which a limitation is not otherwise specially prescribed— 3 years; (9) for a violation of § 7-1201.01(11) — 1 year; (10) for the recovery of damages for an injury to real property from toxic substances including products containing asbestos— 5 years from the date the injury is discovered or with reasonable diligence should have been discovered; (11) for the recovery of damages arising out of sexual abuse that occurred while the victim was less than 35 years of age— the date the victim attains the age of 40 years, or 5 years from when the victim knew, or reasonably should have known, of any act constituting sexual abuse, whichever is later; (12) for the recovery of damages arising out of sexual abuse that occurred while the victim was 35 years of age or older—5 years, or 5 years from when the victim knew, or reasonably should have known, of

(b) A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.

Except as otherwise specifically provided by law, actions for the following purposes may not be brought after the expiration of the period specified below from the time the right to maintain the action accrues: for which a limitation is not otherwise specially prescribed— 3 years

(a) Except as otherwise specifically provided by law, actions for the following purposes may not be brought after the expiration of the period specified below from the time the right to maintain the action accrues: (1) for the recovery of lands, tenements, or hereditaments— 15 years; (2) for the recovery of personal property or damages for its unlawful detention— 3 years; (3) for the recovery of damages for an injury to real or personal property— 3 years; (4) for libel, slander, assault, battery, mayhem, wounding, malicious prosecution, false arrest or false imprisonment— 1 year; (5) for a statutory penalty or forfeiture— 1 year; (6) on an executor’s or administrator’s bond— 5 years; on any other bond or single bill, covenant, or other instrument under seal— 12 years; (7) on a simple contract, express or implied— 3 years; (8) for which a limitation is not otherwise specially prescribed— 3 years.

(b) (1) Except as otherwise provided in this section, a private cause of action brought pursuant to this unit shall be filed in a court of competent jurisdiction within 2 years after the unlawful discriminatory act, or the discovery thereof. (2) The timely filing of a complaint with the Office, under this unit or under procedures established by the Mayor pursuant to § 2-1403.03 , shall toll the time to file a private cause of action until after the Office has served a notice of right to file a civil action on the complainant pursuant to § 2-1403.06a .

An action pursuant to this chapter shall be brought by and in the name of the personal representative of the deceased person, and within 2 years after the death of the person injured. ( Dec. 23, 1963, 77 Stat. 596, Pub. L. 88-241, § 1 ; Oct. 22, 2012, D.C. Law 19-177, § 3, 59 DCR 9353 .) Prior Codifications 1981 Ed., § 16-2702. 1973 Ed., § 16-2702. Effect of Amendments The 2012 amendment by D.C. Law 19-177 substituted “2 years” for “one year.”

A cause of action accrues when the plaintiff has knowledge of (or by the exercise of reasonable diligence should have knowledge of) (1) the existence of the injury, (2) its cause in fact, and (3) some evidence of wrongdoing.

Under D.C. Code § 12-301(8), actions 'for which a limitation is not otherwise specially prescribed' must be brought within three years. D.C. has no PI-specific SOL — the catch-all 3-year limit controls general personal injury, negligence, premises liability, product liability, slip-and-fall, and dog bite in the District.

Under 29 U.S.C. § 255(a), an action enforcing an FLSA cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages generally must be commenced within two years after the cause of action accrued; a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued.

Statute of limitations for wrongful death in US-DC is 2 years under D.C. Code § 16-2702.

Statute of limitations for medical malpractice in US-DC is 3 years under D.C. Code § 12-301(a)(8).

Statute of limitations for legal malpractice in US-DC is 3 years under D.C. Code § 12-301(a)(8).

Statute of limitations for premises liability in US-DC is 3 years under D.C. Code § 12-301(a)(8).

Statute of limitations for ucc sale of goods in US-DC is 4 years under D.C. Code § 28:2-725(1).

Statute of limitations for fraud in US-DC is 3 years under D.C. Code § 12-301(a)(8).

D.C. Code § 12-301(7) establishes a 3-year statute of limitations for actions on simple contracts, express or implied, which covers debt on a promissory note in the District of Columbia.

D.C. Code § 12-301(8) provides a 3-year SOL for actions not otherwise specially prescribed; under the continuing violation doctrine, the period runs from the last discriminatory or tortious act in a continuing series.

D.C. Code § 12-301(8) establishes a 3-year catch-all statute of limitations for civil actions that are not otherwise specially prescribed. Common law wrongful termination claims in the District of Columbia, which do not have a specific statutory limitations period, fall under this 3-year catch-all. The clock begins on the date of the wrongful termination.

D.C. Code § 28:2-725 (UCC § 2-725) provides a 4-year SOL for breach of warranty on sale of goods in the District of Columbia.

D.C. Code § 12-302(a)(1) tolls the limitations period for plaintiffs who are under 18 years of age at the time the cause of action accrues; the clock does not run until the minority disability is removed.

D.C. Code § 12-303(a) tolls the limitations period when a DC-resident defendant is out of the District or has absconded at the time the cause of action accrues; the period does not begin to run until the defendant returns or ceases concealment.

D.C. Code § 12-303 covers both defendant absence and concealment — subsection (a) tolls when concealment exists at accrual; subsection (b) tolls the concealment period when defendant absconds after accrual.

DC discovery rule is common law — no general statutory provision in D.C. Code Title 12 Chapter 3. Under Knight v. Furlow, 553 A.2d 1232 (D.C. 1989), a cause of action accrues when the plaintiff knew or reasonably should have known of the injury and its cause. Specific statutory discovery provisions exist only for toxic substance injuries (§ 12-301(10)) and sexual abuse (§ 12-301(11)).

When a person who is a resident of the District of Columbia is out of the District or has absconded or concealed himself at the time a cause of action accrues against him, the period limited for the bringing of the action does not begin to run until he comes into the District or while he is so absconded or concealed.

(a) When a person who is a resident of the District of Columbia is out of the District or has absconded or concealed himself at the time a cause of action accrues against him, the period limited for the bringing of the action does not begin to run until he comes into the District or while he is so absconded or concealed. (b) When such a person absconds or conceals himself after the cause of action accrues, the time of his absence or concealment may not be computed as a part of the period within which the action must be brought.

Except as provided by subsection (b) of this section, when a person entitled to maintain an action is, at the time the right of action accrues: (1) under 18 years of age; or (2) non compos mentis; or (3) imprisoned —

Statute of Limitations for Wrongful Death in District of Columbia

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How the limitation period applies

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