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.
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.Google+