What Is the Statute of Limitations for Wrongful Death Claims?

The harsh reality is that death is a part of everyone’s journey on Earth, and an overwhelming 150,000 global citizens perish each day. Among those, many suffer an untimely fate when their lives are cut short unexpectedly by the wrongful actions of someone else.

If your loved one recently suffered a tragic fatal accident that you believe was someone else’s fault, then you might have legal recourse. You’ll want to explore your legal options in a timely manner, though, because the statute of limitations for wrongful death claims puts a time limit on your right to file a claim.

Find out more about these strict deadlines, why they exist, the exceptions to the rules, and how to know if you have a potential wrongful death lawsuit below.

Why Deadlines are Critical for Filing a Claim

Statue of limitations laws provide a specific timeframe in which legal claims can be filed after an incident. If you’re considering filing a claim, then it’s critical that you thoroughly research the law in your area to determine the time limit for filing a wrongful death claim because it varies by state. The best way to get the most accurate answer to that question is to directly contact a local attorney who can give you the correct answer.

In general, the time frame begins on the date of the fatality and extends to the end of the statute of limitations, which can be anywhere from one to six years depending on where you file the claim. You must officially file and send a notice of claim for public entities within that statute of limitations to have a right to compensation.

Deadlines are critical because they protect both the rights of the impacted loved ones of the deceased and the rights of the other party. Setting a time limit prevents cases from arising years after an event, which poses several challenges. For one, it’s difficult to secure evidence and provide proof of events that happened far in the past. For another, it can be extremely hard to defend yourself against events that happened so long ago.

The Statute of Limitations for Wrongful Death in Different States

The statute of limitations for wrongful death claims varies based on state laws. Here’s an overview of the different states and how long you have to file a claim:

• One Year: Tennessee, Louisiana, Kentucky.
• Two Years: Alaska, Alabama, Arizona, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Iowa, Idaho, Illinois, Indiana, Kansas, New Jersey, Nevada, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, West Virginia.
• Three Years: Arkansas, Washington D.C., Massachusetts, Maryland, Michigan, Mississippi, Montana, North Carolina, New Hampshire, New Mexico, New York, Rhode Island, South Carolina, South Dakota, Vermont, Washington, Wisconsin.
• Four Years: Florida, Nebraska, Utah, Wyoming, Minnesota.
• Five Years: Missouri.
• Six Years: Maine, North Dakota.

Exceptions to the Wrongful Death Statute of Limitations

There are situations that arise where exceptions to the statute of limitations are permitted under the law. For instance, what is the statute of limitations for wrongful death claims when the loved one was a minor at the time of the loss? How long will a representative of the estate have to file a claim if the death wasn’t reasonably discovered for months or even years after the incident?

How long do you have to file a wrongful death suit if you think you have an exception? If you didn’t reasonably discover the fatality or injury until a later date, then the statute of limitations will begin on the date of discovery rather than the fatality. If you were a minor when the loss occurred, then the time limit begins on your 18th birthday. When you think exceptions to the statute of limitations will be a factor in your case, it’s best to consult with wrongful death lawyers that can help.

What Happens if You Miss the Deadline?

An accidental death statute of limitations is set in place for specific reasons, so if you miss the deadline, you are forfeiting your legal right to pursue compensation. In other words, if you attempt to file a legal claim for compensation for wrongful death cases after the statute of limitations has already passed, then your claims will be dismissed even if you have solid evidence and proof. When you miss the deadline, you lose out on all the compensation you’re entitled to.

How to Know If You Have a Potential Wrongful Death Claim

What does wrongful death mean in the context of a legal claim? In order for a death to be considered a wrongful death, the other party must have had a legal duty of care towards your loved one and failed to uphold it. Some of the most common types of wrongful death claims involve car accidents, medical malpractice, and defective products. The right attorney can help you better understand if you potentially have a case and provide reliable assistance if you have more questions.

In general, the loved ones of the deceased can file this type of claim. If no family members pursue action, then a personal representative for the decedent’s estate can file a claim within the statute of limitations.

The average wrongful death settlement is significant, so it’s a good idea to research your legal rights if your loved one was fatally injured in an accident where negligence might have been present. Here at Kermani LLP, our team can help you determine if you have a potential case.

Speak to a Local Attorney About Your Wrongful Death Case

Do you believe that your loved one’s recent fatal accident was caused by someone else’s negligence or wrongdoing? If so, then it’s important to get informed about your legal rights and options because you could have recourse.

Here at Kermani LLP, we understand the gravity of the situation you’re facing. You and your family can lean on our experience and skill to relentlessly pursue justice for your loved ones. Our team has recovered multi-million-dollar verdicts and settlements, so we’re confident that we can help you pursue the settlement you deserve. Let us handle the legal aspects of your case while you focus on what’s most important – grieving your loss.

Schedule a free legal consultation with our office now by leaving your contact details on our online form.