Understanding Time Limits in Wrongful Death Cases
Written by Cooper & Friedman PLLC on January 8, 2016
Wrongful death cases involve a person dying due to circumstances which may be unintentional or intentional. The surviving members of the victim’s family have the ability to sue for wrongful death within a certain amount of time. In order to pursue a wrongful death lawsuit, there must be the death of a human, with some knowledge of negligence or intent to cause harm. The victim’s family must have an appointed representative for the estate of the deceased individual, along with proof of suffering monetary injury due the death of their family member.
Most wrongful death cases occur from situations involving: medical malpractice, car, truck or airplane accidents, occupational hazards, hazardous products and/or criminal behavior. Wrongful death cases may involve people of any age including children and the elderly.
When making wrongful death claims it is important to keep in mind that there is a statute of limitation. This is the period of time victim’s family members have to file a lawsuit based on the identified claims. Once this period of time has ended, you typically do not have the right to sue on this claim.
Wrongful Death Cases State by State
Because every state has a different statute of limitation for wrongful death claims, and specific rules associated with these types of cases, it is important to seek legal counsel from an attorney who practices in the state where the wrongful death occurred.
In Kentucky, a wrongful death claim must be filed within one year of the date in which the decedent died. In the state of Indiana, the statute of limitations for a wrongful death case is two years following the date of death.
In other states, the statute of limitation in a wrongful death case may vary depending on the cause of death. For example, in Oregon, wrongful death claims generally have a 3 year statute, but this changes for product liability claims or if alcohol is involved in the death.
The damages collected by family members are intended to assist with funeral and burial expenses, as well as the costs that contribute to this wrongful death case.
While state laws regarding the statute of limitations for wrongful death claims are very important to recognize and follow, there are some alternative rules and options to know about. You have the option to toll the statute of limitations. This means that you can try to delay or suspend the case to get more time.
In addition, when children are involved, there is a loophole concerning the statute of limitations for wrongful death claims. Children that are under the age of 18 cannot use up their statute of limitations while they are minors. The time constraints do not begin until the child has turned 18 years of age.
Filing a wrongful death claim is not something that should be taken lightly. Before jumping into what could be a long and emotionally draining legal battle, make sure that you have an experienced lawyer on your side. Cooper and Friedman Attorneys at Law have been successfully representing victims in wrongful death cases in Kentucky and Indiana since 1991. To speak with an attorney, call 502-459-7555 for more information or a free case consultation.
Actual resolution of legal cases involves the specific facts of the case, and no opinions are being given regarding any specific case through this article. You should not rely on this article to assess the time limitation in any specific case. We would encourage you to contact a qualified attorney should you have any questions.