Wrongful Death Statute of Limitations

Even though it can be a very stressful and upsetting time for surviving family members, due to discovery rule statute of limitations and negligence statute of limitations it is very important to file a claim for wrongful death as soon as possible. This is because the statute of limitations for wrongful death and personal injuries only allows claims to be filed for a short period of time.

All fifty states have wrongful death statutes, which provide for the period within which a claim must be filed. After the expiration of this time limit, and with very few exceptions, even genuine claims become invalid.

The period of time specified by the wrongful death statute of limitations varies from state to state, and can be from a few months to several years. Ordinarily the timescale begin to run from the date of the death although there are some exceptions to this.

For example, in California, there is a limit of two years to file a claim against businesses, corporations and private persons with an exception relating to children, who may file up to the age of 19 years. However, if the claim is to be made against a public entity – such as a state, city or county - all claims, whether by adults or children, must be made within one year following the death; an administrative claim is filed within six months, and then a late claim is allowed in the six months following that. In Florida, the statute of limitation is 2 years after the cause of the wrongful death was suspected or confirmed

Delay In Discovering The Cause Of The Wrongful Death

Although the statute of limitations provides a time limit within which a claim for wrongful death must be filed, there are certain limited situations in which a claim can be filed after the expiration of the limitation. This is essentially in situations where the actual cause of death is not known until after the expiration of the statue of limitations.

The rules vary depending on the state and arguably the type of wrongful death. For example, in Florida, you may not be able to file a claim after the expiration date unless the wrongful death was as a result of a defective product (e.g. a pharmaceutical drug).

In all cases, no matter what the cause of death, it is essential to be vigilant in the preparation of a wrongful death suit. In order to prove the liability of the defendant, it is necessary for the plaintiff to preserve evidence that supports the case, to investigate the circumstances surrounding the wrongful death and the incident itself and to ensure that the lawsuit is filed before the statute of limitations deadline passes.