Having your day in court

Understanding the Statute of Limitation for Wrongful Death Suits

7 January 2015 by Beverley Lopez

If a relative or friend is dead owing to someone else's mistake, you can file a suit against the one responsible. With the right approach you can easily receive compensation which includes damages for medical and funeral expenses, loss of support and loss of consortium. However, this suit just like all others has a time limit and if this period expires, you have no right suing. The following article takes you through concepts involving the time limit for wrongful death suits.

What is the discovery rule?

The time limit for a wrongful death action commences when you discover the cause of your decedent's death. A rule referred to as "discovery rule" is applied in actions of wrongful death to figure out whether the decedent was aware of the cause of their injury or illness before their death so that the time of the limitation period starts before the death of the decedent.

What special considerations apply in actions of wrongful death?

If an action of wrongful death is considered a derivative action (it arose from an action of personal injury), then it is time barred if the decedent (before their demise) failed to make a claim of personal injury in the time limit for that injury.

Can you extend the limitation period for a wrongful death action?

There are three options for extending the limitation period namely:

• Having the court waive it. You can ask the court to waive the law on the time limit in order to file a lawsuit. There is a specific criteria that your situation should meet for you to be able to ask for a waiver but this option is very uncommon.
• Getting a waiver by the opposing party. Having the opposing party to ask for a waiver is also very rare because it will be hard for you to convince them to request for a waiver.
• Tolling the law on the limitation period. Delaying or suspending also known as tolling the limitation period is very common. Whether a suspension is acceptable depends on the laws of your state. Discovery rule is considered tolling because it delays the time limit.

There are other situations that call for tolling. For instance, a minor cannot finish up their limitation period when they are minors. An action for wrongful death that is brought by a child for the death of his/her father can only be filed when the child turns 18 years. Therefore, the limitation period is delayed until the child turns into an adult.

Receive more legal advice and assistance by talking to local law firms such as Rae & Partners.