How Long Can You Sue for Wrongful Death?
Losing a loved one due to someone else’s negligence or intentional act is an unimaginable tragedy. It is a situation that can leave the surviving family members grappling with grief, emotional turmoil, and financial hardship. One of the ways survivors can seek justice and compensation for their loss is by filing a wrongful death lawsuit. However, many people wonder how long they have to file such a lawsuit. This article aims to provide an overview of the time limits for filing a wrongful death claim.
Statute of Limitations
The time frame within which a wrongful death lawsuit can be filed is known as the statute of limitations. The duration of this period varies from one state to another, as each state has its own laws governing wrongful death claims. Generally, the statute of limitations for wrongful death claims ranges from one to three years from the date of the deceased person’s death.
Exceptions and Variations
While the general time frame is one to three years, there are exceptions and variations that can affect the statute of limitations. For instance, some states may have a shorter time limit if the wrongful death occurred due to medical malpractice. In such cases, the time limit may be as short as one year from the date of the deceased person’s death.
Discovery Rule
In some cases, the statute of limitations may be extended due to the discovery rule. This rule allows the time limit to begin running from the date the surviving family members discovered or should have discovered the cause of the wrongful death. For example, if a family member dies from a medical condition that was not immediately apparent, the statute of limitations may start from the date the family discovered the true cause of death.
Extenuating Circumstances
There are also instances where extenuating circumstances may affect the statute of limitations. For example, if the defendant was a minor at the time of the deceased person’s death, the statute of limitations may be tolled until the defendant reaches the age of majority. Additionally, if the defendant was out of the country or concealed their whereabouts, the statute of limitations may be extended accordingly.
Consulting with an Attorney
Given the complexities and variations in wrongful death laws, it is crucial for survivors to consult with an experienced attorney. An attorney can help determine the appropriate statute of limitations for their specific case and ensure that the wrongful death claim is filed within the required time frame. Missing the deadline can result in the loss of the right to seek compensation for the deceased person’s wrongful death.
Conclusion
In conclusion, the time frame for filing a wrongful death lawsuit can vary depending on the state and the specific circumstances of the case. While the general range is one to three years from the date of the deceased person’s death, there are exceptions and variations that may affect the statute of limitations. It is essential for survivors to seek legal counsel to ensure their rights are protected and to maximize their chances of obtaining the compensation they deserve.
