Whether the wrongful death is the result of a fatal car crash or a premises liability, it’s vital not to miss the statute of limitations. Remember: the three-year time limit applies to when you file the lawsuit and not necessarily when the wrongful death case is ultimately resolved. In many cases, the process can run for months or even years before a settlement is reached.
If you don’t file the case within three years of the victim’s passing, the court is unlikely to hear it—instead, the case will likely be dismissed and thrown out without valid consideration. The court may not even accept the case at all. While it may be possible to challenge this decision, it’s remarkably difficult to do so.
Limitations Against the Government
While the typical statute of limitations is three years, the time frame is shorter in wrongful death cases involving the government. In these cases, you may only have two years to file a lawsuit against a governmental defendant. An example may be a county hospital or a city construction project accident.
Medical Malpractice Cases
The timeline for most wrongful death cases starts when the victim passes away. Filing wrongful death action for medical malpractice can be a bit different. If the medical malpractice is evident at the time of death, then the same three-year window applies.
However, if you don’t learn of the malpractice or negligence until later, the three-year statute of limitations only begins at the time of discovery, but can’t be more than six years from the originating medical action.
Timely Legal Response During a Difficult Time
It’s absolutely critical to start the legal process as soon as possible. Contacting a wrongful death attorney right away gives them more time to investigate and build your case. Waiting until the statute of limitations almost expires puts an unnecessary time constraint on the proceedings. Wrongful death cases are complex, and investigations can often take a fair amount of time. By starting earlier, you avoid rushing into litigation.
You may also have a lot of questions for your wrongful death attorney and how best to proceed. With skill, aplomb, and experience, Pracht Injury Lawyers has helped clients get up to $20 million in damages following a wrongful death. Trust us to pursue the justice and fair compensation you and your family deserve.