Wrongful Death Law Suits

All wrongful death law suits are governed by state law, and, as such, have strict timelines in which they must filed in the appropriate state courts. These time limits, which are technically referred to as "statutes of limitations," or "limitation periods", are, for the most part, absolute rules that must be followed. If a wrongful death law suit is filed beyond the applicable statute of limitations, then the law suit is subject to dismissal. However, there are different rules as to when the statute of limitations begins running. Typically, the running of a statute of limitations period begins for a wrongful death suit when surviving family members discover, or reasonably should have discovered, an act of negligence that led to the family member's death. Other states, however, have held that the right to bring a wrongful death suit is fundamental, and so mandate that although the statute of limitations begins to run at the death of the family member, it is inapplicable if the expiration of the statute of limitations would occur before the cause of action for wrongful death could reasonably be discovered.

Fast Facts

  • Nearly one milion children are injured each year in bicycle accidents.
  • Over 19,600 Americans die each year due to slip and falls in unsafe conditions.

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