The unexpected loss of a loved one is a traumatic and life-altering experience, especially when the death is caused by the negligence or wrongful act of another party.
In wrongful death cases, the surviving family members may have the right to pursue a wrongful death lawsuit to seek justice and compensation for their losses. However, it’s important to understand that there’s a limited time frame for filing a wrongful death lawsuit. This is known as the statute of limitations. Having experienced wrongful death lawyers can ensure your case is handled effectively within this time frame, helping you navigate the legal process and pursue the compensation you deserve.
Continue reading below to learn more about wrongful death statutes of limitations, their importance, and the specific laws that apply to them.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action brought by the surviving family members or the estate of a person who died due to the:
- Negligence
- Recklessness
- Intentional act of another party
The purpose of a wrongful death lawsuit is to seek compensation for the losses suffered by the surviving family members.
Understanding Statutes of Limitations
A statute of limitations is a legal deadline that sets the maximum time after an event within which legal proceedings may be initiated. The purpose of these time limits is to make sure that legal claims are brought forward in a timely manner while evidence is still available and memories are fresh.
Statutes of limitations vary depending on the type of case and the jurisdiction in which the case is being filed.
The rationale behind statutes of limitations is based on several factors:
- Preservation of Evidence: Over time, physical evidence may deteriorate, witnesses’ memories may fade, and documents may be lost or destroyed. Statutes of limitations encourage people to bring their claims forward while the evidence is still reliable.
- Fairness to Defendants: Statutes of limitations provide defendants with a degree of certainty and finality. Without time limits, defendants could face the constant threat of legal action, even decades after an alleged wrongdoing.
- Judicial Efficiency: By setting time limits on legal claims, statutes of limitations help prevent courts from becoming overburdened with stale cases and that judicial resources are used efficiently.
Wrongful Death Statute of Limitations Time Frames
In most states, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the victim’s death. However, some states have longer or shorter time limits, and there may be exceptions that apply to specific circumstances.
Consult a knowledgeable wrongful death attorney to determine the specific statute of limitations that applies to your case. Failing to file a lawsuit within the appropriate time frame can result in the loss of your right to seek compensation, regardless of the strength of your case.
4 Exceptions to the Statute of Limitations
While the statute of limitations sets a general time limit for filing a wrongful death lawsuit, there are some circumstances under which the time limit may be extended or delayed.
These exceptions include:
- Discovery Rule: In some cases, the cause of death may not be immediately apparent or may be discovered after the statute of limitations has expired. Under the “discovery rule,” the clock may start ticking from the date the cause of death is discovered or should have been discovered with reasonable diligence. This exception is particularly relevant in cases involving medical malpractice or exposure to toxic substances.
- Minors: If the deceased person’s heir is a minor at the time of death, the statute of limitations may be extended until the heir reaches the age of majority or for a specified period after that date. This exception recognizes that minors may not have the legal capacity to bring a lawsuit on their own behalf.
- Defendant’s Absence: If the defendant is out of the state or in hiding, the statute of limitations may be paused or “tolled” until the defendant returns or is located. This exception prevents defendants from avoiding legal action by simply leaving the jurisdiction.
- Fraudulent Concealment: If the defendant actively conceals their wrongdoing, preventing the plaintiffs from discovering the cause of death, the statute of limitations may be extended until the wrongdoing is discovered or should have been discovered through reasonable diligence.
Importance of Timely Action
Given the strict time limits imposed by statutes of limitations, it is crucial for surviving family members to take action as soon as possible when considering a wrongful death lawsuit.
Delaying legal action can have serious consequences, including:
- Loss of Right to Sue: If the statute of limitations expires before the lawsuit is filed, the court will likely dismiss the case, and the opportunity to seek compensation will be lost forever.
- Weakened Evidence: As time passes, evidence may become lost, destroyed, or degraded, making it more challenging to prove liability and damages in a wrongful death case.
- Fading Memories: Witnesses’ memories may fade over time, making their testimony less reliable and potentially damaging to the case.
- Increased Legal Costs: Delaying legal action may result in increased legal costs, as attorneys may need to spend more time and resources to gather evidence and build a strong case.
To protect your rights and to make sure your wrongful death lawsuit is filed within the appropriate time frame, consult with an experienced wrongful death attorney as soon as possible. An attorney can evaluate your case, explain the applicable statutes of limitations, and guide you through the legal process.
Who Can File a Wrongful Death Claim?
In most states, there are specific laws that dictate who is eligible to file a wrongful death lawsuit.
The following people generally may bring a wrongful death claim:
- Spouse or Domestic Partner: If your spouse or registered domestic partner was the victim of wrongful death, you have the legal right to file a wrongful death lawsuit and seek compensation for your loss. As the surviving spouse or partner, you may be entitled to various economic and non-economic damages.
- Children: If you have lost a biological or adoptive parent due to wrongful death, you are entitled to seek compensation. This category also includes stepchildren who can prove financial dependence on the deceased. Additionally, any minor who lived with the victim for a significant period before their death and can demonstrate financial dependence may also be eligible to file a claim.
- Parents: If you’re the parent of the deceased, you may file a wrongful death claim under certain circumstances. This typically applies if your child was a minor at the time of death or if they were an adult without any surviving descendants.
- Other Heirs: In cases where there is no surviving spouse, child, or parent, other family members may be considered “heirs” and be eligible to file a wrongful death claim. Heirs are individuals who would legally inherit the deceased person’s property if the victim passed away without a valid will in place.
Seeking Wrongful Death Compensation
A staggering 86% of all preventable deaths are caused by the top three leading causes: poisoning, falls, and motor vehicle accidents. Other preventable causes, such as suffocation, drowning, fires and burns, and natural disasters, make up a significantly smaller proportion.
Average Wrongful Death Lawsuit Costs
The average costs associated with a wrongful death lawsuit can vary depending on the specific circumstances of the case, but may include:
Funeral Expenses: The cost of a funeral in the United States is often between $7,000 and $12,000, which includes services such as embalming, casket, viewing, and burial or cremation.
Lost Income: The loss of income is calculated based on the deceased person’s earnings and potential future earnings.
Loss of Companionship: While it’s difficult to assign a dollar value to the loss of companionship, courts may award damages for these non-economic losses.
The amount awarded can vary depending on:
- the relationship between the deceased and the surviving family members,
- the age of the deceased,
- and the jurisdiction in which the case is filed.
Medical Expenses: The average cost of medical treatment before death can vary significantly depending on the cause of death and the duration of treatment. According to a study by the National Bureau of Economic Research, the average out-of-pocket medical expenses in the last year of life is around $11,618.
Pain and Suffering: Compensation for the pain and suffering endured by the deceased before their death is another form of non-economic damages. The amount awarded for pain and suffering can vary widely depending on the circumstances of the case, the duration and extent of the suffering, and the jurisdiction in which the case is filed. Awards for pain and suffering can range from thousands to millions of dollars, with an average award in the United States being around $250,000.
Punitive Damages: In cases involving a defendant’s particularly egregious, reckless, or intentional conduct, the court may award punitive damages to punish the defendant and deter similar behavior.
Get Your Free Consultation With Our Wrongful Death Attorneys
While no amount of compensation can truly make up for the loss of a life, pursuing a wrongful death lawsuit can provide a sense of justice and much-needed financial support for the surviving family members.
Understanding the wrongful death statute of limitations is crucial to protect your rights and ensure that your case is filed in a timely manner. In Orange County, California, the general statute of limitations for wrongful death lawsuits is two years from the date of death, with some exceptions for medical malpractice, government defendants, and intentional acts.
At Wilshire Law Firm, our experienced personal injury attorneys are on standby, ready to help. If you have lost a loved one due to the negligence or wrongful act of another party, our legal team can guide you through the legal process, ensure that your case is filed within the appropriate statute of limitations, and fight for the compensation you and your family deserve.
Contact a wrongful death attorney at our law firm today, so you and your family can get justice for the loss of your loved one.
