Explain the Limitations in Wrongful Death Cases

Wrongful death cases often have a time frame within which they must be filed, typically referred to as statutes of limitations, or limitation periods. When these run out, a victim loses the chance to sue or file for a legal claim. Each case has different statutes of limitations. Some can go for about a year, others for far longer, about 2 to 3 years or more.

If you’re looking to file for a wrongful death case, reach out to a lawyer to find out what kind of limitations apply to your wrongful death case.

Discovery rule

In some states, the limitation period for a wrongful death claim starts at the moment of the person’s death. The discovery rule applies in cases where the decedent was well aware of the person’s illness or injury. In such cases, the limitation period can start before the decedent passed away.

Special considerations

In some cases, wrongful death actions can be time-barred by the statute of limitations, especially if the decedent failed to file any claims at the time of the person’s death. If the wrongful death actions were the result of a product liability case, these operate under special limitations periods, where the date of the person’s death commences the limitation period.

Other options

If you ever find yourself running out of time, you can still toll the statute of limitations, make a request to the court to have it waived or have the other party waive it. You’ll need legal help.

Hiring help

Choose Springfield Wrongful Death attorneys. With legal assistance, you won’t have to worry about missing important deadlines or running out of time. Your lawyer will be at hand to guide you through the legal process so you can file for a claim well within the deadline, says Woodruff Johnson & Palermo. So don’t hesitate to get help.