All civil lawsuits have an applicable statute of limitations. This means that they must be filed by a certain time period for the courts to honor them. You can’t sue the defendant for your civil wrongs if you file after this time period, even if you have a valid case!
The statute of limitations differs by state in terms of wrongful death cases. The statute of limitations can be as little as a year in some states and longer than three in others. If you’re the victim of a wrongful death case, you really should speak to lawyer. This professional will help you understand if you can file your case according to the statute of limitations of the state that you live in.
Discovery period
Some states say that the statute of limitations begins during the discovery period. Most, however, say that the statute of limitations begins immediately after the wrongful death occurs. All civil wrongful death cases are subjected to a discovery period.
Special things to consider in wrongful death cases
Wrongful deaths can sometimes be caused by personal injuries. In this instance, the statute of limitations may apply if the living people don’t have a case because they failed to file a personal injury claim or case in time.
If someone was killed because of a defective product, then the statute of limitations starts the minute the person is legally pronounced dead. The discovery period doesn’t apply in these states.
You may live in a state with a statute of repose. You aren’t allowed to file a case after a certain period of time has passed, even if you have a valid case.
Tolling a statute of limitations period
Thus, what can you do if the statute of limitations on your case has run out? Well, it turns out, you still have many options. You can:
● Toll the statute of limitations
● Have the courts waive the statute of limitations, if possible
● Have the defendant waive the statute of limitations
In the first case, you’re the plaintiff and you can ask the courts to waive the statute of limitations if your situation meets certain very specific criteria. You’ll be able to file your lawsuit in this instance. Keep in mind, though that this is very rare. Also, don’t expect the defendant to be willing to waive the statute of limitations on your case.
What is much more common though is asking the court to defer (toll) the statute of limitations. Just keep in mind that certain state laws will determine if you can do this. For example, the courts may consider the discovery period to be tolling. Tolling also happens in other situations.
Minors generally can’t file cases in court. Therefore, if someone was 8 when his mother died in a wrongful death accident, he can sue in court 18 years later when he’s 26 even though the normal statute of limitations in the state where he lives is 2 years. The statute of limitations begins when the minor turns 18. A Personal Injury Lawyer in Kitchener can and will explain personal injury law to you. That person will also build a case for you that ensures that you win in court.