Wrongful Death - Statute of Limitations

Each state in the United States has is own wrongful death statutes or wrongful death laws that govern wrongful death claims and wrongful death lawsuits. Every wrongful death lawsuit is subject to a statute of limitations. Statutes of limitations cap the amount of time that a person who has lost a loved one to wrongful death has to initiate a lawsuit. Generally, family members are allowed between one and three years (depending on the state) from the time of death to file a claim. If they fail to observe the statutes of limitations, their claims may be barred forever.

Keep in mind, though, that there are exceptions. For example, if the death was originally deemed an accident rather than the result of someone else's negligence or malice, the statute of limitations will be adjusted so that it takes effect when the true cause was discovered rather than at the time of death.

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