Are there time limitations for filing a wrongful death claim?
Yes, there are time limitations, known as statutes of limitations, for filing a wrongful death claim. Statutes of limitations vary depending on the jurisdiction and the laws of the state or country where the wrongful death occurred. These time limits are set by law and dictate the maximum amount of time within which a wrongful death claim must be filed in court after the death of the individual.
What is the Statute of Limitations for Wrongful Death?
In the state of California, the statute of limitations for wrongful death is two years from the date of the deceased person’s passing.
What Happens if I Don’t File My Claim in Time?
Failing to file a wrongful death claim within the specified statute of limitations can result in the loss of the right to seek compensation for the death of your loved one. Once the statute of limitations has expired, the court will typically dismiss the claim, and the surviving family members will no longer have the legal right to pursue a lawsuit for wrongful death.
What Can Affect the Statute of Limitations?
The statute of limitations for wrongful death claims can be affected by various factors, including the cause of death, the jurisdiction where the claim is being filed, and the relationship of the claimant to the deceased. In some cases, certain exceptions or tolling rules may apply, extending or pausing the statute of limitations. For example, if the wrongful death claim involves a minor child as a beneficiary, the time limit might be extended until the child reaches the age of majority.
Can An Attorney Handle My Wrongful Death Case?
It is essential to speak with an experienced wrongful death lawyer as soon as possible after the death of your loved one to understand the specific statute of limitations that applies to your case. An attorney can ensure that your claim is filed within the appropriate time frame, preserving your right to seek compensation for the loss and helping you navigate the legal process during a difficult time.
Contact Us Today
If you lost a loved one due to the negligence of another, schedule a free consultation with a wrongful death lawyer at MVP Accident Attorneys to discuss your case and explore your legal options. Our dedicated team will fight tirelessly to protect your rights and ensure you obtain the compensation you deserve for the devastating loss of a loved one. Contact us today to learn more.
Brett S. Sachs graduated from Michigan State University College of Law with Cum Laude Honors. While attending Michigan State, Brett was awarded for his service in the Michigan State University College of Law Civil Rights Clinic, where he represented prisoners of the Michigan Department of Corrections from injustices brought upon them. Learn more.
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