What is Wrongful Death? » Statute of Limitations and Wrongful Death

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Statute of Limitations & Wrongful Death Lawsuits

An easy explanation about how the statute of limitations applies to fatality lawsuits

Wrongful Death Lawsuits

The tragic, sudden loss of a loved one can be very stressful and upsetting to the family left behind. Even though you are grieving, there are still some important decisions to be made at this difficult time to protect the legal rights of you and your family.

Statute of Limitations

The Statute of Limitations is a law that limits the amount of time you have to sue any person(s) who may have caused the wrongful death of your family member. This is called the Statute of Limitations.

The amount of time you have to file a lawsuit or claim for wrongful death varies from state to state, but all 50 states have Statute of Limitation laws. This timeframe varies from just a few months to a few years after the wrongful death occurred.

If the wrongful death was due to negligence by a government, city, or municipality, it could be that the time you have to fulfill certain steps in a wrongful death claim is even less than the statute of limitations in many states.

An Exception to the Statute of Limitations

In some cases, if there is a delay in discovering that your family member's passing was related to someone else's negligence, you may have additional time to sue. This is known as the "discovery rule."

Most states have limited and strict exceptions to the Statute of Limitations. These exceptions may extend the time you have to file a lawsuit related to your loved one's death.

You should consult with an experienced, knowledgable attorney to learn whether you still have time to pursue a legal claim on behalf of your loved one's estate.

Expiration of the Statute of Limitations

If the Statute of Limitations has expired, your claim can not be pursued

Because there is such a difference in state laws with regards to the time period you have to file a wrongful death lawsuit or claim, it's important that you seek the advice of a qualified wrongful death attorney as soon after your family member's accident as possible

Conclusion

Every state has a Statute of Limitations and other possible deadlines for filing a lawsuit. In order to protect the rights of your family after you lose a loved one, promptly consult with a lawyer experienced in representing estates in personal injury lawsuits. The longer you wait, the more risk you face that the Statute of Limitations may prevent you from recovering what you are entitled to.

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