Wrongful Death Liability

Wrongful death liability is governed by state law; each state has a particular set of wrongful death statutes that are specific to wrongful death lawsuits. However, there are other state statutes that might impact a wrongful death claim, as well. First, all states have statute of limitations, or time limits, during which wrongful death lawsuits may be filed. Some states have general statutes of limitations that apply to all types of lawsuits, and other states have statutes of limitations that apply only to wrongful death lawsuits. Next, if person is injured in an accident due to the negligence of another person, and dies from those injuries some time later, there may be an issue with derivative actions. In some states, if a wrongful death suit is derivative, or arises out of a personal injury suit, then the wrongful death suit may be barred if personal injury suit was not filed within its applicable statute of limitations. A state also may have certain laws that apply only to products liability wrongful death suits. Some such actions are barred by so-called "statutes of repose" if the product was of a certain age at the time of the injury that led to the death. In other cases, product liability suits are subject to special statutes of limitations.

Fast Facts

  • Over 12,000 injuries occur each year due to school bus accidents.
  • In 1987, the federal government began to allow states to set speed limits higher than 55 mph.

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