Deviations From the Statute of Limitations in Wrongful Death Lawsuits

lawsuit formLosing a loved one is hard and tragic, more so if it is unexpected. It is even more devastating if the death is from the negligence of someone who owed him or her a duty of care. As you bury your loved one, you should start wrongful death proceedings against the person responsible for the death.

This lawsuit has a statute of limitation that governs the time frame for its filing. The law differs among states, but there are specific exceptions to it. In these circumstances, a wrongful death lawyer here in Los Angeles will advise you to file the case even if the specified time has passed.

Here are the exceptions to the statute of limitation in wrongful death cases.

Discovery

Most causes of sudden deaths are not immediately apparent. There are times the cause of death is discovered to be someone’s neglect after the time limit of the statute of limitation. In this case, the discovery allows you to pursue a wrongful death case regardless of the time that has passed.

Minors

The law allows the dependents of the deceased to file a wrongful death case. But in cases where the dependents are minors, this might not be possible. Particular rules allow a minor to bring a wrongful death case of a grandparent or parent up to 24 months after he or she turns eighteen.

Extensions

Motions seeking to ignore the statute of limitation are typically unsuccessful. You can, however, apply to stay the statute period. This is a means of extending the timeframe in case a different entity is causing your case’s delay.

Typical examples include records personnel looking for files and ongoing investigations.

You should not give up on pursuing a wrongful death case in the belief that it is time-barred. Get a lawyer to assess the specifics of your case and advise you accordingly. With good legal representation, you can win your lawsuit regardless of the time that has passed since the death.