Wrongful Death- Time Limitations
When taking legal action for a wrongful death claim, people must consider the statute of limitations outlined in their jurisdiction's laws for filing a claim. With every civil action, there are time constraints for filing, and often people wait too late and the period in which they are allowed to take action expires. This permanently waives one's right to file and be legally compensated. Individuals may research the laws of their state or consult a knowledgeable attorney with experience in handling wrongful death claims in their area to see whether their time limitations have run out.
Discovery
Discovery is the term used to identify when a time period for a statute of limitations begins in some states. Some laws state that it begins when a wrongful act is discovered. Other states recognize the starting period as the time of death of an injured party. In some instances, the statute may even begin before an individual's death if it is found that they knew or should have known what caused their injury.
In Cases Involving Product Liability
For certain types of cases, there may be additional considerations. Product liability claims in some states may not be filed after a product becomes a specified age. Also, some product liability claim time limitations begin when a victim dies, whether there was prior knowledge of a cause of injury or not. Special considerations may differ from state to state. Therefore, researching or seeking advice from someone who is thoroughly knowledgeable in the law is important to ensure full protection of one's rights.
Because a wrongful death claim is viewed as something that is derived from a claim for personal injury, some cases are not permitted if the victim had no claim pending at the time of their death. Consulting a personal injury attorney is advisable for those with specific questions regarding a wrongful death claim.