WRONGFUL DEATH LAW: TIME LIMITS

A wrongful death lawsuit must be filed before the statute of limitations that applies in every state. Each state's law of "statute of limitations" defines the time frame by which a wrongful death lawsuit must be filed. The time usually runs from the time of the deceased person's death, although some states laws may allow a lawsuit to proceed even though the time expired if the act which caused the wrongful death was not discovered until later. This can arise in cases of medical malpractice, where the family of the victim does not discover until after the time allowed by law that the victim's death was caused by the malpractice of the doctor or hospital. In this case, the time frame to file a lawsuit may run from the date the spouse discovered the medical malpractice, rather than the date of the victim's death.

If a wrongful death lawsuit is filed after the statute of limitations has run under the law, then the lawsuit may be dismissed. If you believe that you may have a valid claim for wrongful death, it is important that you speak with a qualified wrongful death attorney at your earliest opportunity to preserve your rights. In addition to protecting your claim in court, early action may also help to preserve evidence or locate witnesses that you may need to win your case.

INJURYFIRMS.COM: WRONGFUL DEATH LAW