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How Much Time Do You Have To File A Wrongful Death Lawsuit?

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Filing a wrongful death lawsuit can help you recover compensation for your financial losses if your loved one was killed because of someone else's negligence. The amount of time you have to file the lawsuit, however, is limited and dictated by a number of factors. Here's what you need to know about the deadlines you may be subjected to when launching a wrongful death case.

The State's Statute of Limitations

At the very minimum, you must file your case within the timeframe instituted by your state's statute of limitations. These are laws that govern how much time a plaintiff has to file certain types of lawsuits. For instance, in California, you have two years from the date of the incident to file a personal injury lawsuit (which is what a wrongful death suit is) but three years to sue for property damage.

Once the statute of limitation expires, you won't be able to sue for any damages or losses associated with your loved one's death. The only way you could get around this issue is if the defendant agrees to waive his or her rights in this area and allow the case to proceed, which rarely happens. Therefore, it's essential you speak to an attorney as soon as you know you want to file a case to avoid letting the statute of limitations expire.

It should be noted that, in cases where a person survives an injury but dies later because of it, the clock typically starts ticking when the injury occurs. This can significantly shorten the amount of time you have to file a case. If the person is injured during surgery, survives, but dies three years later as a result of complications from that procedure, for instance, you could be prevented from litigating the case because the statute of limitations may be calculated starting from the date of the original injury.

Government Agency Deadlines

If the person responsible for the wrongful death of your loved one works for (or is) a government agency, the amount of time you have to file a case may be shorter than the actual state limitation. This is because government agencies typically have their own internal deadlines plaintiffs must meet before they can take the case to court.

For example, before you can take the Maryland Transit Administration to court, you must file a claim for damages with the Treasurer's Office within one year of the incident. Even though the statute of limitations is three years in Maryland, the agency could get any lawsuit you filed dismissed if you miss the deadline the agency has set for claims.

Sometimes deadlines can be very short (e.g., 30 days), so you should start pursuing your legal options as soon as you know your loved one was killed because of a government agent's negligent actions (or failure to act).

Age-Related Deadlines

Not all deadlines work against plaintiffs. In cases where a parent dies and leaves behind minor children, the statute of limitations is typically paused until they turn 18 and can litigate their own cases. For instance, if the parent died when the child was 12, he or she would have six years plus the number of years allowed by his or her state to file a lawsuit against the liable party.

Be aware that adults can file cases on behalf of minor children, but those adults will be subjected to the normal statute of limitations. Therefore, it's best to weigh the pros and cons of filing suit immediately versus waiting, and then follow the course that best fits your circumstances.

For more information about deadlines for filing a wrongful death case or assistance with your lawsuit, contact an attorney or check out websites like http://www.injuryattorneylafayettein.com/.


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