How To File A Wrongful Death Case With The Backing Of The Law

Wrongful Death Statute of Limitations

Wrongful Death Statute

Death in any form is something that no one willfully wishes for. It is a tragic event from whichever angle you look at it. In the event of a death of your loved one in an accident that was caused solely because of the negligence of another person, you can make use of the law of the land to gain a rightful compensation for his misfortune. For those unlucky people who have left behind huge commitments, this compensation can prove to be a big help as their families can find some reprise and a way to live further after their demise.

However, there are some Wrongful Death statute of limitations you need to be aware of before filing a wrongful death lawsuit. It is a civil lawsuit and hence it needs to be perfect in all sense. The reason why your loved one died should completely be because of the negligence or irresponsible behavior of the accused personnel and this is absolutely vital for the lawsuit to have a strong legal backing.

If you seek advice from an expert legal practitioner, he will tell you the necessary requirements and conditions for applying for such a compensation claim. Alternatively, you can do a quick search for Wrongful death statute of limitations in the internet to gain more insights into this legal framework.

wrongful death lawsuit

Statute of limitation for wrongful death

There is a time limit for applying for compensation under this legal setup and usually it is two years from the date of demise of the person. However, in cases where the people eligible for the compensation are minors, the deadline can be extended until they reach the age of 19. It is a judicial procedure and hence there will not be any adjustments done in anybody’s favor. In addition, if you are rightfully eligible for a time relaxation, you will get it no matter what the odds are.

Monetary compensation for the death case shall not take too long to reach the eligible loved ones of the demised persons once the lawsuit has been proven to be valid. All you need is the service of an expert legal advisor. As mentioned before, he or she will know how to make the most out of these complex legal frameworks and make sure the wrong done to your loved ones is justified at the earliest.

For further assistance, you may seek the help of a legal practitioner or refer law books at your local library.

Statute Of Limitations For Wrongful Death In U.S.

Wrongful death statute of limitations

Statute of limitations for wrongful death

Statute of limitations is defined as a period of time within which certain kinds of legal actions should be brought forth. In U.S., the statute of limitations for wrongful death is the period within which an action must be filed. This period depends on the state in which the death occurred and is different for different states. Generally, this period can vary from six months to up to 3 years. The actual wrongful death statute of limitations can be changed in certain exceptional situations wherein the period may be extended or restricted.

In the U.S., wrongful death is considered as a civil case. Here, if the family members or close relatives of the deceased have reason to believe that the death happened because of the negligence on the part of another person or party, then they can file a wrongful death lawsuit against them in order to receive damages for the death. Here, that a wrongful death occurred needs to be proved only with a ‘preponderance of evidence,’ unlike criminal cases of murder or homicide where the case has to be proved ‘beyond any reasonable doubt.’ This means that an individual may be found to be not guilty in a criminal court, but at the same time may be convicted for the same offense in a civil court.

Wrongful death lawsuit

       Filing a wrongful death lawsuit

More details

As mentioned earlier, the actual wrongful death statute of limitations varies from state to state and on the circumstances surrounding the death. For instance, the statute of limitations is two years in Arizona, California and Alabama; the two-year period starting from the date on which the death occurred. However, in California, wrongful death due to exposure to asbestos has a statute of limitations of only one year, the period starting from the date of death or from when the claimant realized that the death was due to the asbestos, whichever is later. Such an exception is known as the ‘discovery rule.’ This allows you to extend the prescribed statute of limitations in instances where it was not reasonably possible to realize that the death was a wrongful one.

These are some details regarding the statute of limitations for wrongful death. As the statute of limitations vary from state to state, it is important that you fully understand the laws applicable within the state where the wrongful death occurred. Consult a legal professional within the state to help you with the formalities associated with filing a wrongful death lawsuit.

Guide To Help You File A Wrongful Death Lawsuit

Wrongful death statute of limitations

                  Filing a wrongful death lawsuit

If the wrongful act or negligence of an individual is responsible for the death of another, then the survivors of the deceased may file a lawsuit against the person causing the death for all the damages incurred such as lost wages from the deceased, lost companionship and other damages.

How to file a wrongful death lawsuit

  • Before you file a wrongful death lawsuit, ensure that you have all the necessary conditions and requirements satisfied. This will include proof of death, which are the death certificates signed by the coroner in charge, witnesses or evidence to prove that the death happened as a result of negligence on the part of the defendant and also family members or relatives who are undergoing financial and/or emotional trauma due to the death.
  • Consult a court representative or an experienced lawyer who can confirm whether a lawsuit can be filed.
  • Majority of the states prescribe a period within which the lawsuit should be filed. So find out the regulations in your state regarding wrongful death statute of limitations. In addition, you have a chance at convincing the jury that you have been deeply wounded by the death the sooner you file the suit. It is also important that you file a lawsuit within the prescribed wrongful death statute of limitations if your case requires an investigation regarding who is guilty and his/her responsibility in the case.
  • Unless you are familiar with the laws and regulations within your jurisdiction, it is practically impossible to file a death suit on your own. In addition, certain states explicitly prohibit private individuals to file, as it would only unnecessarily delay the court proceedings. In case you are allowed to file on your own, remember that it will involve numerous visits to your local courthouse, filling up various forms and presenting all the necessary papers.
  • Availing the services of an experienced attorney would be a better option. Provide him/her with all the necessary paperwork to get started on your case.
  • Have the lawsuit served to the defendant. You may have to hire a courier service to hand deliver the notice of suit to the defendant if you are filing on your own.

    Wrongful death lawsuit

               Statute of limitations for wrongful death

Those were some guidelines to help you file a wrongful death lawsuit. Go through the Rules of Civil Procedure available online for more information on the particulars of filing a suit in your state.