The death of a loved one is hard to take whatever be the manner of death, but deaths caused by the negligence of another person are worse. Financial compensation is not going to help a family that grieves the loss their loved one completely, but it can aid the family in taking care of the daily expenses.
A specific period is allotted to file lawsuit against the liable party in instances of wrongful death and is referred to as the statue of limitations, and its definitions vary according to the state you are in.
Statute Of Limitations For Wrongful Death
Whatever be the type of lawsuit, every state has clearly defined its own rules about deciding the statute of limitations. The time period usually ranges from one to three years requiring the family to file the lawsuit within this period.
Possible Solutions After The Expiry Of Statute Of Limitations
In a majority of cases, the family cannot seek the help of the court to get compensation if they file the lawsuit after the allowed time period ends. But there are a few exceptions that shed light to the possibility of filing lawsuits even after the statue of limitations expires.
The possible solutions are:
- Delaying The Statute Of Limitations Period
This is a commonly adopted solution, and whether or not the statute will be delayed depends on the state laws. The discovery rule that allows you to file a claim even after the time limit expires is crucial in delaying the statute of limitations period. The rule resets the beginning of the statute period when new information about the victim’s death is discovered. The information might include:
- After several years, a discovery of medical malpractice or other causes of death is discovered.
- Use of defective products for medical treatment comes into light.
- Crucial information regarding the death of the victim that was concealed earlier is revealed.
The nature of the defendant influences the statute of limitations period with the time limit being selectively decreased depending on the party that defends the lawsuit.
- Getting The Time Limit Waived By The Court
For the court to waive the statute of limitations period, the situation has to meet specific criteria in a way that is advantageous to the viewer and this is very uncommon.
- Getting It Waived By The Defendant
To get the statute period extended, the request for waiver can be sent to the opposing party but there are hardly any chances of getting a positive response from them.
It is advisable to get the help of an accident injury litigator who can help you in the legal proceedings associated with wrongful deaths.