A Wrongful Death Attorney Can Help You Navigate the Statute of Limitations – Find Out More!
It is indeed a traumatic experience when you have to go through the death of your loved one caused by the negligence of someone else. This can devastate you, but you must act right and seek justice through legal litigation. Specific accidents fall under the category of wrongful death, and you can talk to an attorney to understand the lawsuit process.
However, every legal matter has a time constriction, based on which the lawsuit should be filed. Thus, you should know the limitations to ensure you do not miss your chance to file a legal claim. Here are the wrongful death statute limitations:
What is a wrongful death?
When a person dies due to the fault of another party or negligence, recklessness, or intentional misconduct, then it comes under the category of harmful death. The surviving family member has the legal right to file a claim against the responsible party to claim justice and financial compensation. The most common causes of harmful death are motor vehicle accidents, bike and cycle accidents, workplace accidents, pedestrian accidents, use of defective products, medical malpractice, or criminal misconduct.
Who is held liable for wrongful death?
The most common parties who are held for a harmful death are health professionals, medical facilities, drivers’ employers, car and truck drivers, repair and maintenance companies, landowners and occupiers, etc. Based on the events, one or multiple parties can be responsible for the death. To ensure who caused the death and to seek financial recovery, you can hire a wrongful death attorney.
What is a wrongful death statute of limitations?
The wrongful death statute of limitation explains that there is a set maximum time within which the legal processing for any event has to be conducted. In case of wrongful death, the surviving family members have to initiate or file a lawsuit against the responsible party within a certain period. Different states have laws governing the statute of limitation, so you need to consult with the local law to understand the applicable time frame based on the specific jurisdiction. Certain circumstances can influence the statute of limitation, so based on the type of case, the attorney can help you to get a clear insight.
Why is there a statute of limitation?
The entire act of limitation protects both the defendant and the plaintiff. It is set to solve specific essential purposes, such as:
Preserving evidence - Due to the limited period, one must ensure that the evidence is collected without downtime and presented in a fresh condition.
Timely resolution - Limitations also encourage resolving the legal dispute as soon as possible without the claim getting stale. It also ensures that justice is served at the right time
Legal certainty - When there is a statute of limitation, it helps to provide clarity and engages predictability in legal matters. It also prevents potential defendants from being subjected to indefinite liability.
Final words
Despite the rules of a statute of limitations, certain exceptions can delay the limitations, such as when the responsible parties are out of state, if the information is concealed, or if any government entities are involved in the case. So, the first step is to consult a wrongful death lawyer who can assist in the legal battle and speak on your behalf.
Company Name: The Clark Law Office
Sopkesperson: Matthew R. Clark
Phone: (517) 224-6313
Address: 131 S Main St
City: Eaton Rapids
State: MI
Postal Code: 48827
Country: United States
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