Facts About Time Limits for Filing a Wrongful Death Lawsuit and Compensation

Wrongful Death Lawyer

When you lose a loved one because someone was negligent, you may find yourself immersed in emotional pain unlike anything you have ever felt. The heartbreaking and tragic event can leave your family financially strapped with funeral expenses and medical bills. If your loved one was the main contributor to the household income, you may find your family burdened with the sudden loss of take-home pay, too. The law is very clear that when a person’s negligent action caused or contributed to the death of your loved one, your family is due legal and financial compensation. Here are a few facts you should know about the timing involved in filing a wrongful death lawsuit.

Statute

There is a legal limit for filing most claims in each state, and within the federal government, that has been established by a statute of limitations. To further complicate the situation, the different legal types of claims within each state also have different restrictions for filing as set apart by the statutes. Everyone understands that a mourning period is essential in handling your personal grief, but you should still talk to a wrongful death lawyer as soon as possible to make sure your claim falls under the protection of the law.

Protection

When you file a wrongful death claim, it is considered pecuniary. That means you cannot be made whole; you can only be compensated with money. The compensation can include medical costs, loss of support, future inheritance, and many other factors dependent on the age and career of the deceased. The circumstances leading to the death such as pain and suffering can also contribute to the compensation.

Time

In most jurisdictions, a parent, child, or spouse of the deceased victim should file a wrongful death claim prior to the two- year date of the victim’s passing. However, there are three exceptions to that rule. If you are a minor at the time of a parent’s death, you have two years from the date of your 18th birthday to file, even if it is years after the original statute expires. A second exemption occurs when the discovery of the negligence that caused the death is found after the statute of limitation expired. The last exception is when the courts allow an extension of the time limited by the law because of delays purposely put in place by another party.

Losing someone to a negligent action of another person is painful. Contact your wrongful death attorney, like a wrongful death attorney in Longwood, FL from David & Philpot, P.L., as soon as you suspect you may have a wrongful death claim.

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