What to Know About the Statute of Limitations in Wrongful Death Lawsuits

After losing a loved one, it’s normal to wonder what to do next. You may feel lost, angry and in need of closure. You may also want to find justice for the person you lost. If your loved one died at the hands of another person or through negligence, you may be entitled to compensation through a wrongful death lawsuit with a wrongful death attorney, like from David & Philpot, P.L.

Is it too late for you to file a claim?

The Statute of Limitations Explained

The statute of limitations is the time that you have between the event and the time that you file the lawsuit. In some states, you have as little as two years to file a claim. If you wait until after this time, your case is more likely to be thrown out. Every state has its statute of limitations and so it is up to you to find out which timeline applies to your specific case.

Deadlines matter in all court cases. If you are unfamiliar with civil lawsuits, you may want to work closely with a lawyer. He or she will ensure that you are on top of all of your deadlines.

The Exceptions to the Statute of Limitations

As with most civil lawsuits, there are exceptions to the statute of limitations. Keep in mind that the exceptions may vary by state, so it is critical to talk to a lawyer who is familiar with your state’s regulations.

When your loved one died, you may not have known the circumstances surrounding his or her death. What happens if you find out later that someone acted negligently or that there was a responsible party. In these instances, you may be able to file a lawsuit after the time of discovery.

Murder cases are the other exception. If your loved one was intentionally killed by another person, you can still file a civil lawsuit. You can file the lawsuit even after the criminal trial, regardless of the verdict. When it comes to murder cases, some states do not have a statute of limitations when it comes to a wrongful death lawsuit.

When your loved one dies due to the negligence of another person, you can seek compensation. If you suspect that carelessness may be the root of the accident, set up a consultation with a wrongful death lawyer as soon as possible. The sooner that you discuss the possibility of a case, the less likely you are to run out of time to follow. Your lawyer can help you stay up to date on any deadlines.