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A Statute of Limitations is a law that limits the amount of time you have to file a legal claim.
If your loved one was killed as a result of someone else’s negligence you must file a wrongful death claim within your state’s statute of limitations to protect your rights. If you miss the deadline to file, the negligent party can argue the statute of limitations as a defense to liability.
If your loved one suffered a wrongful death, you must file your lawsuit before the Statute of Limitations applicable deadline passes otherwise your claim will be forever barred.
It is of the utmost importance that if your loved one has endured a wrongful death because of someone else's oversite, you immediately consult with an attorney for a free case consultation by calling 866.757.6949.
The specific time limitation will depend on the circumstances surrounding the untimely death. As a general rule, a wrongful death lawsuit must be filed within two years of the date the death occurred. In some states, new laws have extended the deadline for filing to two years. However, under some circumstances, you must take action in less than a year.
For example, if the victim is a minor (minors typically have two years from the time they reach maturity) or if they had any mental disabilities or in cases that involved fraud or intentional acts.
In most states, the statute of limitations does not begin until the “date of discovery”, or when the damage is discovered, ei. If a doctor fails to discover cancer cells years after, the statute of limitations does not start until the patient is made aware of their diagnosis.
In cases involving construction, product liability, medical malpractice, and legal malpractice there is an upper limit on the “date of discovery”. For example, some states may say the survivor needs to file a wrongful death lawsuit within two years of finding out, but not more than five years after the initial exposure or harm.
If you wait until near the end of the period to file a claim or lawsuit, your attorney may not have enough time left before the deadline to help you. If your loved one has suffered a wrongful death, it is essential that you immediately consult with a Lawyer.
It is always wise to consult with an experienced lawyer when you are in need of legal advice or services. Never sign any legal documents until you have consulted with a lawyer.
Don't face the insurance companies alone. We help prevent them from underpaying on your wrongful death claim.
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Alabama - 2 Years
Alabama Statutes Section 6-2-38(l)
Alaska - 2 Years
Alaska Statutes Section 09.10.070
Arizona - 2 Years
Arizona Statutes Section 12-542
Arkansas - 3 Years
Arkansas Statutes Section 16-56-105
California - 2 Years
California Statutes Section 335.1
Colorado - 3 Years
Colorado Statutes Sections 13-80-101 (1) (n) (1) and 13-80-102
Connecticut - 2 Years
Connecticut Statutes Annotated Section 52-584
Delaware - 2 Years
Delaware Statutes Code Section 8119
Florida - 4 Years
Florida Statutes Section 95.11(3)(a)
Georgia - 2 Years
Georgia Statutes Annotated Section 9-3-33
Hawaii - 2 Years
Hawaii Statutes Section 657-7
Idaho - 2 Years
Idaho Statutes Code Section 5-219 (4) I
Illinois - 2 Years
Illinois Section 13-202 (735 ILCS 5/13-202)
Indiana - 2 Years
Indiana Statutes Section 34-11-2-4
Iowa - 2 Years
Iowa Statutes Code Section 614.1(2)
Kansas - 2 Years
Kansas Statutes Annotated Section 60-513
Kentucky - 2 Years
Kentucky Statutes Section 413.140 (1)and Section 304.39-230 6)
Louisiana - 1 Year
Louisiana Statutes Annotated Civil Code Article 3492
Maine - 6 Years
Maine Statutes Annotated Title 14, Section 753
Maryland - 3 Years
Maryland Statutes Article Section 5-101
Massachusetts - 3 Years
Massachusetts Statutes Chapter 260, Section 2A
Michigan - 3 Years
Michigan Statutes Section 600.5805 and Section 500.3145
Minnesota - 6 Years
Minnesota Statutes Annotated Section 541.05(1)(5)
Mississippi - 2 Years
Mississippi Statutes Annotated Section 15-1-49
Missouri - 5 Years
Missouri Statutes Section 516.120 (4)
Montana - 3 Years
Montana Statutes Section 27-2-204
Nebraska - 4 Years
Nebraska Statutes Section 25-207
Nevada - 2 Years Nevada Statutes Section 11.190 (4) (e)
New Hampshire - 2 Years
New Hampshire Statutes Annotated Section 508:4 (I)
New Jersey - 2 Years
New Jersey Statutes Annotated Section 2A:14-2
New Mexico - 3 Years
New Mexico Statutes Annotated Section 37-1-8
New York - 3 Years
New York Statutes Law & Rules Section 214
North Carolina - 3 Years
North Carolina Statutes Annotated Section 1-52
North Dakota -6 Years
North Dakota Statutes Code Section 28-01-16
Ohio - 2 Years
Ohio Statutes Code Section 2305.10 (A)
Oklahoma - 2 Years
Oklahoma Statutes Annotated Title 12, Section 95
Oregon - 2 Years
Oregon Statutes Section 12.110 (1)
Pennsylvania - 2 Years
Pennsylvania Statutes Code Section 5524 (7)
Rhode Island - 2 Years
Rhode Island Statutes Laws Section 9-1-14 (b)
South Carolina - 2 Years
South Carolina Statutes Laws Section 15-3-530
South Dakota -3 Years
South Dakota Statutes Section 15-2-14
Tennessee - 2 Years
Tennessee Statutes Section 28-3-104 (a) (1) (A)
Texas - 2 Years
Texas Statutes Code Section 16.003
Utah - 4 Years
Utah Code Section 78B-2-307
Vermont - 2 Years
Vermont Statutes Title 12, Section 512 (4)
Virginia - 2 Years
Virginia Statutes Section 8.01-243 (A)
Washington - 3 Years
Washington Statutes Section 4.16.080 (2)
West Virginia - 2 Years
West Virginia Statutes Section 55-2-12
Wisconsin - 2 Years
Wisconsin Statutes Section 893.54 (1m) (a)
Wyoming - 2 Years Wyoming Statutes Section 1-3-105 (a)
Our experienced wrongful death law firms will help you determine what legal action is available to get you the maximum compensation you deserve. Bills and other every day expenses can cause additional stress to an overwhelming financial hardship.
Filing a wrongful death lawsuit can help you pay for these costs. Though no amount could come close to the value of your loved one, our experienced lawyers can help you get as much restitution as possible from the negligent party.
Let our expert wrongful death lawyers handle your legal issues while you focus on mourning. Call (866) 757-6949 to schedule your free initial consultation today.
It is always wise to consult with an experienced lawyer when you are in need of legal advice or services. Never sign any legal papers until you have consulted with a lawyer.
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