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Statute of Limitations for Filing


Statute of Limitations for Filing

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.

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Each State Has Their Own Statute of Limitations

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. 

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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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50 States – Statute of Limitations

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)

Put an Experienced Lawyer on Your Side. Call (866) 757-6949 today!

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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