When should you make the claim for wrongful death? As per the “discovery rule statute of limitations” and “negligence statute of limitations” a wrongful death claim is allowed only if it is submitted within a specified time. An untimely or late application will not get approved by the law. According to wrongful death statute of limitation the claims is accepted only after it meets certain conditions like on time submission, cause of death etc.
Each American State has its own statute of limitations and conditions for filing such a claim. Even though it would be hard and traumatic for the family members, timely submission is required for availing justice. A claim submitted after the expiration limit is rejected unless the case has seen gross negligence by a party.
As mentioned under the wrongful death statute of limitations, submission period varies from state to state. Some States demand a claim submission within a couple of months after the death. Some States also consider other factors like “whether the victim died immediately on the spot”, “the cause of the accident” etc.
Wrongful death statute of limitations factors
There are some factors that the judiciary considers before accepting a claim submitted after the limitation date. To submit a claim you need to know the exact cause of death. The judiciary extends the submission date only if the exact cause of death has been confirmed. File in this reason when you submit the claim.
The rules again vary between States. Your claim may not get accepted if the death was caused due to a defective product like a pharmaceutical drug. So the type of death can also influence the submission period.
Don’t wait to determine the cause of death if you feel that you can prove wanton negligence. Investigate and submit all the necessary details and evidences that can support your claim of wrongful death during the time of hearing. You can seek the help of an experienced attorney if necessary to speed up the legal proceedings.
Make sure that you submit your claim with all the necessary details before the date set forth by the statue of limitations. Students of law ought to study the statute for not just situations of wrongful death but other cases as well.