The legal time limits for filing a wrongful death claim, set by your state’s statute of limitations, vary from state to state, making it a complicated matter. However, understanding these limitations is necessary to make sure your family files a lawsuit to seek justice for a tragic loss within the designated time frame.
Failure to meet the statute of limitations may have serious financial consequences for your family’s future.
Always consult an experienced Phoenix wrongful death attorney in your area who will know the applicable statute of limitations and meet all necessary deadlines for you.
What Is a Statute of Limitations?
A statute of limitations sets a specific time period for someone to initiate a legal action. It serves as a deadline or a time limit for filing a claim. Each state has its own statutes of limitations for different types of cases, including wrongful death claims. These time limits are in place to resolve cases quickly and protect defendants from the indefinite threat of lawsuits.
When Does the Wrongful Death Statute of Limitations Clock Start Ticking?
In wrongful death cases, the statute of limitations typically begins to run from the date of the victim's death, not from the accident, if they are different.
This means that the clock starts ticking on the day the victim passes away due to the negligence, misconduct, or wrongful act of another person or entity.
Practical Example of Wrongful Death Statute of Limitations: Arizona
To illustrate the importance of understanding the wrongful death statute of limitations, let's look at a practical example from Arizona. Arizona’s statute of limitations gives you two years from the date of a wrongful death to file a lawsuit.
If the family does not file the claim within the statute of limitations, the court will dismiss the case, and the family can no longer seek justice. This is a highly important legal deadline.
Possible Exceptions to the Wrongful Death Statute of Limitations
Some exceptions to this rule might extend or toll the statute of limitations, giving you more time to seek justice for your loved one's death. Never assume an exception applies to your case until you allow a wrongful death lawyer to evaluate your situation.
One possible exception is if the defendant intentionally concealed the cause of death or their involvement in the incident.
In such cases, the statute of limitations may toll, meaning it will not start counting down until the concealment is discovered or should have reasonably been discovered. This exception recognizes that the law should not hold a grieving family accountable for the actions of someone who intentionally tried to hide the truth.
Another exception is if the person bringing the claim is a minor. In many jurisdictions, the statute of limitations for cases involving minors does not start until the child reaches the age of majority.
This acknowledges that minors may not have the legal capacity or knowledge to pursue a claim on their own and allows them more time to seek justice once they become adults.
Consulting an experienced wrongful death attorney informs you whether these exceptions may apply to your situation and ensures you don't miss out on your opportunity to seek the compensation and accountability you deserve.
Remember, the clock is ticking when it comes to filing a wrongful death claim. Don't wait until it's too late. Contact a knowledgeable attorney who can identify your time limits and work within them.
What Happens if You Miss the Deadline?
If you miss the deadline for filing a wrongful death claim, you may lose the opportunity to seek compensation for your loss.
However, exceptions and extensions can apply to the statute of limitations, depending on the circumstances of your case. Consult a knowledgeable wrongful death attorney to determine if you have any options for proceeding with your claim.
In rare cases, the court may grant an extension to the statute of limitations if there is a valid reason for the delay in filing the claim. These reasons include discovering new evidence, uncovering previously unknown facts about the case, or other exceptional circumstances. However, never rely on the court's discretion; always file your claim within the designated time frame to avoid any potential complications.
Calling a Wrongful Death Lawyer Right Away Ensures You Never Miss Important Deadlines
Considering the legal process after the loss of a loved one can be stressful. Hiring a wrongful death attorney as soon as possible allows you to meet all the important deadlines and requirements for filing a claim without any additional stress.
By entrusting your case to a wrongful death attorney, you can focus on grieving and healing while knowing that your legal rights are in capable hands. Your attorney will handle all the necessary paperwork, communicate with insurance companies and other parties involved, and advocate for your best interests in negotiations or court proceedings.
From the start, the right wrongful death lawyer should give you peace of mind.
They can:
- Advise whether you have a claim
- Identify which parties should be liable
- Calculate how much compensation you deserve
- File the necessary claims
- Negotiate the full financial recovery you deserve
They take everything off your plate, so legal technicalities like the statute of limitations will not affect your legal rights.
Consult a Wrongful Death Attorney Near You
If you lost a loved one due to someone else's negligence, contact a law firm that handles wrongful death claims in your state today. Trusted Phoenix personal injury lawyers have experience handling these difficult cases and will fight for the justice your family deserves.
Don't let the statute of limitations expire – take action today to protect your rights and hold those responsible accountable for their actions. Seek a free legal case evaluation now.