It is very important to file a wrongful death case as soon as possible even though it can be a very stressful and upsetting time for surviving family members, because of the rules of discovery for the statute of limitations and negligence statute of limitations. This is because the statute of limitations only allows claims to be filed for a period of time, usually not more than two years depending on the state in which the case is files.
Every state has a wrongful death statute that determines the period within which a claim can be filed. Beyond this time limit even genuine claims become invalid.
The wrongful death statute of limitations varies in each state, and can be from a few months to several years. Generally, the timescale begins to run from the date of the death although there are exceptions.
It is highly recommended that you consult with a wrongful death attorney to discuss your case and find out whether or not you are eligible to pursue a case.
In California the statute of limitations to file a claim against businesses, corporations and private persons is two years, with an exception relating to children, who can file cases up to 19 years of age. However, claims made against a public entity, such as a city, county or state must be made within one year following the death. In this case an administrative claim can be filed within six months, and then a late claim is allowed after six months beyond the initial six months. In other states the statute of limitations is 2 years beyond the cause of the wrongful death is alleged. Trial attorneys are available to help you through this process.
Though the statute of limitations provides a limit within which a lawsuit must be filed, there are certain cases in which a claim can be filed beyond the statute. This occurs in situations where the actual cause of death is not known until after the expiration of the statue of limitations. There is no statute of limitations for rape or murder.
The law varies from state to state and the cause of the wrongful death. For example, depending on the state in which you file your claim, you may not be able to file a claim after the expiration date unless the wrongful death is the result of a defective product, such as a pharmaceutical medication or medical device.
No matter what was the cause of death, it is essential work tirelessly in the preparation of your wrongful death case. Your wrongful death attorney should have experience with these cases and should be able to follow up on all duties in order to ensure success in your case. To prove the liability of the defendant, it is necessary for you and your attorney to provide evidence that supports the facts of the case, and to investigate the all the circumstances that surround the facts of the case and make sure that your case is filed before the statute of limitations passes.
