Statute of Limitations for Wrongful Death
The statute of limitations for filing a lawsuit for wrongful death varies in each state, but all states have a statute of limitations. If someone is found to be liable for another person's death, the responsible party can be charged with wrongful death. A statute of limitations is the amount of time you have to file a lawsuit after the event in question has taken place. The statutes of limitations for wrongful death vary in length of time and according to the circumstances surrounding them.
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When Does the Statute Begin?
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The statute of limitations either begins at the time of death, at the time the body was recovered, or at the time it became clear it was a wrongful death. Which applicable criteria will depend upon the state, as there is currently no federal statute.
Length of Statute of Limitations
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Many states’ statutes of limitations are two years, as in Nevada and New Jersey, or three years, as in Wisconsin and Rhode Island. Some states set longer statutes of limitations for specific types of deaths. In Maryland, the statute of limitations is three years, except for deaths that were caused by an occupational hazard. In Maryland, lawsuits for wrongful deaths by occupational hazard have a statute of limitations of ten years.
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Who Can File a Wrongful Death Lawsuit
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Immediate family members of the deceased can file a wrongful death lawsuit.
Exceptions to the Expiration of the Statute of Limitations
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You may be able to successfully file a wrongful death lawsuit after the statue of limitations has expired when knowledge that it was a wrongful cause of death was unknown until after the statute of limitations expired.
However, some states will only allow lawsuits after the statute of limitations in specific situations or for a limited period of time. Florida recently lifted the statute of limitations for deaths that were the result of murder or manslaughter. Colorado has a two-year statute of limitations, but extends the statute of limitations to three years if the death involved a motor vehicle. California makes an exception to its two-year statute of limitations for deaths caused by exposure to asbestos or medical malpractice.
More About Wrongful Death Lawsuits
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In successful wrongful death lawsuits a person who contributed to someone’s death must pay damages to the victim's family. Common reasons for wrongful death lawsuits include DUIs, medical malpractice and unsafe work conditions. Those convicted may have to pay for medical bills, funeral expenses, family members’ pain and suffering and lost income. In a wrongful death lawsuit, the defendant may be directly responsible for the person’s death or may have contributed through negligence, malpractice or inaction. The O.J. Simpson civil lawsuit is a well-known example of a successful wrongful death lawsuit. Although he was not convicted of murder in a criminal court, the civil court ruled that a preponderance of evidence demonstrated that Simpson had wrongfully contributed to the deaths of Nicole Simpson and Ron Goldman, and he was ordered to pay $21.5 million.
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References
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