Wrongful death and Statute Of Limitations
Every civil suit has a time period within which the claim should be filed. This time period is referred using the term ‘statute of limitations.’ Your case will be thrown out of court and you will not be allowed to reassert a claim for that particular action if you do not file the suit within the prescribed statute of limitations. In case of wrongful death situations, contact a wrongful death lawyer right away who will explain the time period within which the claim must be filed.
Wrongful death actions and the discovery rule
Statute of limitations can sometimes be a bit complicated to understand. This is so because in certain cases, the statute of limitations begins right after the event that led to the claim. However, wrongful death statute of limitations only begins after the claimant discovers that there is a connection between the victim’s death and the defendant’s actions or in other words, the negligence on the part of the defendant was responsible for the victim’s death in one way or the other. On the other hand, if it was reasonably possible for the plaintiff to have discovered that the death was a wrongful one, then the statute of limitations will begin from the time that the discovery was reasonably possible. The discovery rule requires that the wrongful death statute of limitations run from the time that the victim got to know about his injury and its cause.
Special considerations in wrongful death actions
A wrongful death claim can be rebutted by the statute of limitations. For instance, the rules regarding the time period within which a claim may be filed are a lot stricter in product liability cases. Majority of the states require that the statute of limitations run from the date that the victim died because of product liability. This does not take into account whether or not the victim or his family had any knowledge that the product was responsible for causing the death.
Wrongful death statute Of limitations explained
For more info on the same, refer online legal resources. Nevertheless, if you have reason to believe that a loved one or a family member died a wrongful death, it is important that you avail the services of an eminent wrongful death lawyer as soon as possible, as he can assess your claim and help you file it within the prescribed statute of limitations. This way he will also help protect your rights for you.
suing for wrongful death
A wrongful death is any instance where a person loses his life due to the willful or negligent actions of another. A wrongful death claim is filed against the individual who is responsible for the death of a person. The case must be filed by any surviving relatives or heirs of the deceased, or beneficiaries as the case may be. They must be able to prove that the actions of the defendant at the time of their loved one’s death, was clearly negligent or reckless. If they are, they can receive monetary compensation from the defendant.
Like any other legal case, a wrongful death case is also bound by a statute of limitations, where a time limit is placed within which the charges must be brought before a court of law. This is aimed at making sure that the legal process stays in flow, and that the evidence is not fabricated or reduces in credibility. This statute is however different in different states. Some of the key differences would be the time period provided as well as the starting and ending point of the “limitations”
The wrongful death statute of limitations begins at either the time of the death, or at the time of discovery of death, or the time when it was determined that the death was wrongful. The applicable criteria for the statute vary from state to state, because there is no federal statute for wrongful death claims.
alleging wrongful death
There are cases where the decedent may have developed or discovered he had developed an injury from an accident that had taken place sometime earlier. This injury may develop and over time may result his death, in which case the wrongful death statute of limitations begins at the time of discovery of the injury. This means that the plaintiff can file a claim for wrongful death, any day from the day of discovery of the injury till the end of statute-dictated time.
It’s best to have an attorney by your side when filing for such a claim. A wrongful death lawyer can be helpful in assisting one through the ordeal of recovering damages while still mourning for the lost member of the family. Moreover to prove such claims takes real skill, one that is developed with years of experience in the field of law.
This is some information on the statute of limitations for wrongful death claims. Further information on the topic can be availed from online legal resource websites.