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.
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.Google+