Every state has a limit on the amount of time a person has to file a wrongful death lawsuit in court. The length of time can vary, from one year to as long as three years.This time limit is called the statute of limitations.If you do not file your wrongful death action on time, you will be barred from filing it all together. The person suing must look at specific rules governing when the statute of limitations time begins to run.very state has a limit on the amount of time a person has to file a wrongful death lawsuit in court. The length of time can vary, from one year to as long as three years.