Is there a Statute of Limitations on Wrongful Death Claims?

When a loved one passes away due to someone else’s negligence or intentional act, it’s not just a devastating emotional event; it also brings a number of legal challenges. Families need to be aware of the statute of limitations for claims of wrongful death.  

This legal term refers to the timeframe within which you can file a lawsuit against the responsible party. If you miss this deadline, you may lose your ability to pursue compensation and justice. 

So, let’s understand what a statute of limitations is, how it varies by state, and is there a statute of limitations on wrongful death?

What is a Statute of Limitations?

A statute of limitations is a legal provision that establishes the maximum amount of time following an occurrence that can be used to file a lawsuit. For wrongful death claims, this period typically starts from the date of the deceased person’s death. Once the statute of limitations expires, the claim is no longer valid, meaning the court will not hear your case, even with the help of a lawyer for wrongful death and you cannot recover any damages.

Why Do Statutes of Limitations Exist?

The main reasons for having statutes of limitations include:

• Preservation of Evidence

Both witness memories and evidence might degrade over time. A set timeframe encourages timely filing while evidence is still fresh.

• Legal Certainty

It provides a clear deadline, ensuring that individuals and businesses are not perpetually under threat of a lawsuit for past actions.

• Fairness

It protects defendants from facing indefinite legal uncertainties, helping maintain a balance in the legal process.

Variations by State

The statute of limitations for wrongful death claims varies significantly from state to state. Here are some examples:

• California: Generally, you have two years from the date of death to file a wrongful death claim.
• Texas: The statute of limitations is two years as well, but there are some exceptions for minors and cases involving gross negligence.
• New York: Here, the period is slightly longer at three years from the date of death.
• Florida: In Florida, the statute of limitations is two years, with some exceptions for medical malpractice cases.

Because these time limits can vary and may be subject to specific conditions or exceptions, it’s crucial to consult with an attorney who is knowledgeable about the laws in your state.

Exceptions to the Rule

There are certain circumstances where the statute of limitations may be extended, also known as “tolling.” Some common exceptions include:

Discovery Rule

If the cause of death was not immediately known, the statute of limitations might begin from the date the cause was discovered or should have been discovered.

Minors

If the wrongful death claim involves a minor, the statute of limitations may be extended until the minor reaches the age of majority.

Defendant Concealment

If the responsible party concealed their wrongdoing, the statute of limitations might be extended to account for the period of concealment.

These exceptions can be complex, making it essential to seek legal advice to determine if they apply to your case.

Importance of Acting Promptly

Even with potential exceptions, it’s crucial to act promptly when considering a wrongful death claim. Delaying action can jeopardize your ability to collect evidence, locate witnesses, and build a strong case. 

Additionally, the emotional toll of a loved one’s death can make it challenging to focus on legal matters later, so addressing these issues early can help manage the stress and ensure that justice is sought in a timely manner.

Steps to Take

Consult an Attorney

As soon as you suspect that your loved one’s death was due to someone else’s actions, consult with a wrongful death attorney. They can provide guidance specific to your case and state laws.

Gather Evidence

Gather any supporting documentation such as medical records and witness statements that will help you prove your case.

File Timely

Ensure that you file your claim within the statute of limitations to avoid missing the deadline.

Choose Mokaram Law Firm

At Mokaram Law Firm, we understand the pain and confusion that accompanies the wrongful death of a loved one. Our experienced attorneys are dedicated to guiding you through this challenging time, ensuring that your rights are protected and that you receive the justice and compensation you deserve. We have a proven track record of handling wrongful death claims with compassion and expertise.

Don’t wait until it’s too late. Contact Mokaram Law Firm today, dial (281) 609-9224 for a free consultation and let us help you navigate the legal complexities of your wrongful death claim.