When your close loved one passes away from injuries due to a preventable incident, it can be both emotionally and financially devastating for you and the rest of your family. The last thing you should worry about is covering your financial losses and how you will support your household moving forward. For this reason, the law allows certain surviving family members to file a wrongful death claim and seek damages from the responsible party. While you might want to take time to grieve before thinking about the legal process, you do not have an unlimited amount of time to file a case. The law sets deadlines for filing lawsuits for several reasons, including:

• It would be unfair to cause a potential defendant in a lawsuit to wait indefinitely – possibly years and years – to learn whether they will face a claim.
• Evidence becomes less reliable and available with time, often resulting in lawsuits that cannot be adequately proven by plaintiffs.

To balance the fairness of the legal system, almost every type of lawsuit has a deadline, which is legally referred to as the statute of limitations. You should be aware of the time constraints of your situation.

The Statute of Limitations for a Wrongful Death Suit by State

Each state sets its own statutes of limitations for different types of lawsuits. This means the statute of limitations that applies to your wrongful death suit will vary depending on where the death happened and the specific circumstances of the case.

The standard time limits from state to state range from one to three years. States like Louisiana, Tennessee, and Kentucky have the shortest time frame of one year.

It is crucial for potential claimants or their legal representatives to be aware of and adhere to these time constraints. Some states have different statutes of limitations for wrongful death involving homicide, hit-and-runs, or other violent acts.

Determining the exact statute of limitations for a wrongful death suit requires understanding the laws of the specific jurisdiction where you must pursue a claim. In some cases, the clock may start ticking from the date of the incident that caused the death, while in others, it may begin from the date of the victim’s death.

Exceptions or extensions to the statute of limitations may also exist in certain situations, such as when it takes some time for you to discover the cause of death and that someone else should be liable.

Because of these potential variations and complications, you should never assume you know the time limits for your wrongful death lawsuit. It is advisable to consult with an attorney experienced in wrongful death cases to understand the specific laws and potential exceptions that may apply to your particular situation.

You always want to be proactive in initiating a wrongful death suit within the designated statute of limitations to ensure that your legal rights are protected. Failing to meet the deadline can result in the loss of the opportunity to seek compensation for the loss of a loved one. Consulting with a wrongful death attorney as soon as possible after a death occurs is crucial to understanding and adhering to the applicable statute of limitations.

Correlation Between The Statute of Limitations and Litigation in a Wrongful Death Claim

There are usually two paths your wrongful death case can take:

• Filing an insurance claim and settling directly with the liable party’s insurance company
• Filing a wrongful death lawsuit in civil court

Statutes of limitations apply to litigation in court – not to insurance claims. However, your success with an insurance claim can be affected by an impending statute of limitations, as well.

If you need to file a lawsuit, you must initiate litigation within the statute of limitations to pursue a successful case. You can still file a petition for a lawsuit after the deadline, but it will rarely succeed. If you are even one day past the statute of limitations for your case, the defendant’s attorney can file a motion to dismiss your case based on missing the deadline. In almost all cases, the court will have no choice but to dismiss your lawsuit without even reviewing the facts of the matter.

While the statute of limitations does not prevent you from pursuing an insurance claim, waiting too long to start the claim process can hinder your chances of full compensation. If insurers do not make a fair offer, escalating the matter to litigation is the next step. However, you lose this leverage if you are beyond the statute of limitations.

An insurance company will be well aware of the statute of limitations for your case. If you begin the process too late, the insurer will know litigation is off the table. Therefore, your only option will be to accept whatever amount the insurance adjuster offers as a settlement, which might be much less than you deserve under the law.

Possible Exceptions to a Statute of Limitations on a Wrongful Death Suit

While statutes of limitations generally establish a deadline for initiating a wrongful death lawsuit, there are certain exceptions that can extend or modify your time limit. These exceptions can vary depending on the jurisdiction and the specific circumstances of the case.

Here are some possible exceptions to a statute of limitations on a wrongful death suit:

• Discovery rule – In some jurisdictions, the statute of limitations may begin from the date the cause of death was discovered, and you realized it was wrongful. This exception applies when the cause of death is not immediately apparent or when you do not initially know the link between the wrongful act and the resulting death.
• Tolling of the statute – The statute of limitations may be “tolled” or paused under certain circumstances. For example, if the claimant is a minor at the time of the wrongful death, the statute of limitations may be extended in some states until the minor reaches age 18. Similarly, if the person filing the claim is mentally incapacitated or declared legally incompetent, the time limit may be tolled until they regain capacity.
• Fraud, concealment, or misrepresentation – If the liable party fraudulently conceals the cause of death, misrepresents facts, or engages in fraudulent behavior to prevent you from discovering their wrongful act within the normal statute of limitations period, an exception may apply. In such cases, the statute of limitations may be extended to allow you to file a lawsuit.
• Governmental immunity – When a wrongful death claim involves a government entity or employee, different rules may apply. Some jurisdictions have specific notice requirements and shorter timeframes for filing a claim against a government entity. Your attorney should be aware of any special provisions or exceptions that may exist when pursuing a wrongful death claim against a government entity.

As mentioned above, the specific cause of the wrongful death can also lead to an extension of the statute of limitations. Consider the following:

• Colorado’s statute of limitations extends from two to four years if the death occurred in a hit-and-run accident.
• Illinois extends the statute of limitations from two to five years for deaths due to intentional violence (or one year following the conclusion of a criminal case in certain situations).
• Maine has a statute of limitations of two years, but the timeline extends to six years from when you discover the cause of death was homicide.
• Maryland has exceptions for causes of death, including homicide, toxic exposure at work, or medical malpractice.
• Mississippi generally has a three-year statute of limitations, but this deadline shortens to one year if the death happened due to intentional conduct.
• Montana’s statute of limitations extends from three to ten years for homicide-related deaths.
• New Jersey eliminates the statute of limitations for deaths caused by homicide when the party is convicted of the offense in criminal court.
• Wisconsin shortens the time limit from three years to two years for car accident-related deaths.

As you can see, some states lengthen the statute of limitations for certain causes of death, while others shorten the deadline. It is crucial to consult with an attorney experienced in wrongful death cases to determine the specific exceptions that may apply to your situation.

An attorney can assess the applicable laws in your jurisdiction and help you understand if any exceptions extend or modify the statute of limitations in your case. Acting promptly and within the legal timeframe is essential to protect your rights and seek the compensation you deserve for the loss of a loved one.

What Qualifies as a Wrongful Death Lawsuit Within the Statute of Limitations?

A wrongful death lawsuit is a legal claim filed by the surviving family members or beneficiaries of a person who has died as a result of another party’s negligent, intentional, or wrongful actions. The purpose of a wrongful death lawsuit is to seek compensation for the damages and losses caused by the death of the individual.

To qualify as a wrongful death lawsuit, several key elements must typically be present:

• Death of a Person – You can only pursue this type of lawsuit if someone has died from injuries or a preventable medical condition.
• Wrongful Act or Negligence – Their death must have resulted from a wrongful act, negligence, or intentional harm committed by another party. This can include various situations such as medical malpractice, car accidents, defective products, workplace accidents, or criminal acts.
• Legal Duty – The defendant must have had a legal duty towards the deceased person. For example, a doctor has a duty to provide competent medical care, and a driver has a duty to operate their vehicle safely.
• Breach of Duty – The defendant must have breached their legal duty by acting negligently or engaging in wrongful conduct. This breach is typically demonstrated by showing that the defendant’s actions fell below the expected standard of care.
• Causation – You must prove that the defendant’s wrongful act or negligence directly caused or substantially contributed to the death of your loved one. There must be a link between the defendant’s actions and the resulting harm.
• Surviving Family or Beneficiaries – Only certain individuals are typically eligible to bring a wrongful death lawsuit. This often includes immediate family members such as spouses, children, or parents of the deceased. In some cases, other dependents or beneficiaries may also have the right to file a claim.

It’s important to note that wrongful death laws can vary from jurisdiction to jurisdiction, so always consult with an experienced attorney who regularly handles wrongful death cases to understand the specific requirements and legal process in your area.

Common Causes of Wrongful Death

Wrongful death claims can arise from many different fatal circumstances, and some of the most common include:

• Car accidents
• Commercial truck crashes
• Motorcycle accidents
• Bicycle accidents
• Pedestrian accidents
• Dangerous products
• Workplace accidents (caused by a third party)
• Bus or train accidents
• Falls
• Casino accidents
• Violence

Overall, a wrongful death lawsuit provides a legal avenue for you and other surviving family members or beneficiaries to seek justice and financial compensation for the loss of your loved one due to the wrongful actions or negligence of another party. Discuss the next steps you should take with a wrongful death attorney today.

People Eligible to Bring Wrongful Death Lawsuits

In a wrongful death lawsuit, the right to bring a legal claim typically rests with certain individuals who are considered eligible or “statutory beneficiaries.” These people are generally close family members or dependents of the deceased, and eligibility may vary depending on the state and applicable laws.

Here are some common examples of people eligible to bring a wrongful death lawsuit:

• Spouse – The surviving spouse of the deceased is often eligible to file a wrongful death claim. This includes both legally married spouses and, in some jurisdictions, registered domestic partners or common-law spouses.
• Children – In most cases, biological and adopted children of the deceased have the right to bring a wrongful death lawsuit. This can include minor children, adult children, and even unborn children in certain situations.
• Parents – The parents of a deceased child may have the right to file a wrongful death claim, particularly when the child was a minor or financially dependent on them.
• Siblings – In some states, siblings of the deceased may have standing to bring a wrongful death lawsuit, especially if there are no surviving spouses, children, or parents.
• Other dependents – Depending on the applicable laws, other individuals who were financially dependent on the deceased may be eligible to file a wrongful death claim. This can include stepchildren, grandparents, or other relatives who can demonstrate a significant financial loss resulting from the death.

It is also worth mentioning that certain individuals, such as the executor or administrator of the deceased’s estate, may have the legal authority to bring a wrongful death lawsuit on behalf of the eligible beneficiaries. This representative acts as the legal “personal representative” of the estate and pursues the claim on behalf of the beneficiaries. Some states even require the personal representative to file a claim on behalf of the family.

The personal representative is someone designated in the deceased’s will or appointed by the probate court. Though they file the claim, any proceeds will become part of the estate and will be distributed to eligible beneficiaries.

If you are uncertain about who has the right to file a wrongful death lawsuit or if there is a dispute among family members, seek help from an experienced attorney who can inform you of your options. They can provide guidance on the applicable laws in your state and help navigate the legal process to ensure that the rightful beneficiaries have the opportunity to seek justice and compensation for their loss.

Awards for Wrongful Death

In wrongful death cases, awards are the monetary compensation provided to you and other beneficiaries. While no amount of money can reunite you with your loved one, the purpose of these awards is to provide financial support for the losses suffered by the surviving family members, as well as a sense of justice holding the proper parties liable.

Here are some common types of awards that you might receive in wrongful death cases:

• Economic Damages – Economic damages aim to compensate for the tangible financial losses resulting from the death. This may include medical expenses incurred prior to the death, funeral and burial costs, loss of the deceased’s income and benefits, loss of future earnings and financial support, and other financial contributions that would have been provided by the deceased.
• Non-Economic Damages – Non-economic damages are intended to compensate for the intangible losses and emotional suffering experienced by the surviving family members. These may include pain and suffering, loss of companionship, loss of consortium (loss of marital benefits or services), mental anguish, and emotional distress caused by the death.
• Punitive Damages – In some cases, punitive damages may be awarded in addition to compensatory damages. Punitive damages are meant to punish the defendant for particularly egregious behavior and deter others from engaging in similar conduct. These damages go beyond compensating the victims and are designed to send a message that such actions will not be tolerated.

Many states set out the available damages in the wrongful death statute. One state – Alabama – only allows families to receive punitive damages for wrongful death. Some states have damage caps for wrongful death cases, while others have no limits.

The specific amount of the awards in wrongful death cases varies widely and is determined based on several factors, including the extent of the damages, the financial losses suffered by you and your family, the age and earning potential of the deceased, the circumstances surrounding the death, and the jurisdiction’s laws.

The goal of awards in wrongful death cases is to provide some measure of financial compensation to the eligible beneficiaries, acknowledging the loss and helping them cope with the financial burdens resulting from the death of their loved one. Your attorney can advise how much your case should be worth.

Contact a Wrongful Death Lawyer as Soon as Possible

You have limited time to file a wrongful death claim, so you should never delay in speaking with an experienced wrongful death lawyer. This way, you do not risk running out of time to file a persuasive claim and receive compensation for your tragic loss.

At Cloward Trial Lawyers, we represent families grieving tragic losses with compassion and respect. Reach out today for more information and a free case evaluation. Time is of the essence.