Wrongful Death Statute Of Limitation

The wrongful death statute of limitation varies according to state law. Most states' wrongful death statutes provide for a one to three-year statute of limitations, but it is always best to check with an attorney for the exact statute of limitations that is applicable in your state for your case. Additionally, there may be questions about the time that the statute of limitations begins to run in your case. In many states, the statute of limitations runs from the time of death, thus making it essential to seek legal advice as quickly as possible following a wrongful death. In other states, however, the statute of limitations might not begin to run until the wrongful nature of the death can reasonably be discovered. Furthermore, to make things even more complicated, the statute of limitations may be different if a person is initially injured due to the negligent acts of another, but later dies from those injuries, perhaps even years later.

Fast Facts

  • About 1,000 train fatalities occur each year.
  • For every child that drowns, at least four more children are treated in the emergency room for non-fatal water-related injuries.

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