Nearly all civil and criminal cases have time limits on when lawsuits can
be filed. While these time limits vary depending on your state, each state has a
statute of limitations that requires accident victims to file lawsuits within a specific timeframe.
After this time, an individual loses their right to sue for that injury.
Specific time limits range from one year in states like Tennessee and
Louisiana to six years in states including Maine and New Jersey.
How are Wrongful Death Claims Affected by Statute of Limitations Laws?
State laws have different ways of handling wrongful death limitation laws,
and the time when the clock actually starts ticking on a claim can vary.
In many states, the statute starts when the person’s death occurs,
but some states may apply a “discovery of harm” rule. This
may mean that the limitations period actually begins before the death,
when the person filing suit should have discovered the cause of the illness
or injury of the person on whose behalf they are filing. In product liabilities
cases, states may also consider additional limitations that begin running
at the time of death, or may entirely prohibit product liability claims
after the product has been off the market for an extended time or reaches
a certain age.
As you can tell, wrongful death claims depend on a variety of factors and
can be rather complicated without the help of an experienced attorney
who has dealt with these types of cases before. As a general rule of thumb,
it is important to contact a lawyer as soon as possible if you intend
to file a wrongful death claim. Since time is so important in these types
of cases, it is urgent that you act quickly to allow yourself the best
possible chance of a successful outcome.
The San Jose wrongful death attorneys at Habbas & Associates have recovered
over $150 million for their clients. See what over 125 years of experience
can do for you by calling us today for a
free, no-obligation consultation: