What Is The Statute Of Limitations For Filing A Wrongful Death Claim?
Thousands of people die every year due to misconduct, malpractice, or negligence on the part of another person. These deaths can result in a wrongful death claim that an experienced lawyer can help the surviving family members file. A number of circumstances can lead to a wrongful death cases, but once family members realize there may be grounds for a wrongful death claim, your legal team must work quickly. Every state has a statute of limitations for these types of claims. They vary by state, so consult a wrongful death lawyer for the statutes in your state for wrongful death claims.
Guidelines for Filing a Wrongful Death Lawsuit within the Statute of Limitations
Your state statute of limitations begins when family members “discover” that there might be grounds for a personal injury claim when a loved is injured or ill due to the wrongdoing of another. If the plaintiff dies before that case is solved, and their death is the result of that claim, the family should consult a wrongful death lawyer to turn it into a wrongful death lawsuit. If they believe there are grounds to continue the lawsuit, your state may advise you and your wrongful death lawyer that your lawsuit statute of limitations began when you started the personal injury suit.
Generally, state statute of limitations laws on wrongful death lawsuits range from one to three years. If you and your lawyer do not file your claim within the limit, you may not be able file a wrongful death claim at all. In addition, if the wrongful death claim results from product liability, in some states the statute of limitations begins at the death of the decedent, whether the family realizes it qualifies for a wrongful death claim or not.
Grounds for a Wrongful Death Lawsuit
If you hope to file a wrongful death lawsuit within the statute of limitations, you must first determine if you have grounds for a wrongful death claim.
Your lawyer will help you discover if you have a wrongful death claim based on evidence of wrongdoing relating to medical malpractice, an auto or plane accident, a workplace accident, product liability, criminal activity, and more. If your wrongful death lawyer believes there are grounds for a wrongful death claim, a personal representative of the decedent’s estate must work with a wrongful death lawyer to file the wrongful death lawsuit. The wrongful death lawsuit can be filed by a personal representative named in the decedent’s will, or one named by the court. Working with the wrongful death lawyer , they will determine the amount of the wrongful death claim they file in the wrongful death lawsuit.
There are many elements to a wrongful death lawsuit that your wrongful death lawyer can help you consider in calculating a wrongful death claim. Your leagal team can help you understand the elements of a wrongful death claim, which can include compensation for medical and funeral costs, the age and future earning power of the deceased, the life expectancy of the deceased, the circumstances and needs of the surviving family members, and in some states, punitive damages. Your lawyer can help you discover your state laws, but some jurisdictions allow wrongful death claims to include punitive damages in a wrongful death lawsuit.
There are special situations, which your wrongful death lawyer will explain that can influence your claim. If your lawsuit pertains to a child or elderly person, your lawyer may determine that your claim will be small. The earning power of the deceased in those wrongful death lawsuits is speculative or nonexistent. For a stay-at-home spouse and parent, your wrongful death lawyer may determine that your claim will be larger because of the increased expenses of paying someone to fulfill their duties with the home and children. Finally, your lawyer may explain that your state does not allow wrongful death claims for a child in the womb. Some do and others do not. Your lawyer can help you discover the laws in your state and help you pursue a wrongful death lawsuit when appropriate.