For example, suppose a death is ruled an accident and evidence of murder is not discovered for two years after the death. The state’s statute of limitations for wrongful death is one year. Is it too late for the family to sue the murderer? In many states, the statute of limitations will not begin to run until the time the evidence of murder is discovered. This is sometimes called the “discovery” rule. In our example, the family would have a year after the discovery of the murder to bring the lawsuit. Since calculations of the correct statute of limitations time period are complicated, and since a claim will be lost forever if it isn’t brought within the time limit, it is always advisable to consult with an experienced wrongful death attorney who is familiar with the law of the state where the death occurred as soon as possible after a wrongful death is discovered. See How a Wrongful Death Lawyer Can Help You for more information.
In some states, the statute of limitations for wrongful death becomes even more complicated if the deceased doesn’t die right away. If the deceased is injured and has a claim for personal injury, the deceased usually must comply with his or her state’s statute of limitations for personal injury. For example, suppose a man is injured in an automobile accident, lives for just over two years, and never brings an action for personal injury. He then dies of complications from his injuries. If his state has a two-year statute of limitations for personal injuries, that period will have already run before he died, and in some states, he will already have given up any rights he has to file a lawsuit for damages from the accident. In such a case, his family will not be able to bring a wrongful death action because the claim has expired.
Some states also have special laws that apply to cases where a person has been killed by a faulty or dangerous product. In those states, the statute of limitations time period begins to run at the time of death, even if the family of the deceased didn’t know that the product caused the death or that the product was faulty or dangerous.
Time limits for filing a wrongful death lawsuit can vary from state to state, and the types and amounts of damages that are recoverable can vary greatly as well. If you are contemplating filing a wrongful death action, it is wise to consult with an experienced wrongful death attorney right away to evaluate your case and help you every step of the way.
Check out the following articles for more information about wrongful death, filing a wrongful death lawsuit and finding an experienced wrongful death attorney.