Answers To Other Questions Related To Wrongful Death
What Is The Statute of Limitations For Filing A Claim?
The statute of limitations, or deadline, to file a lawsuit for wrongful death is two years from the date of death. There are two major exceptions to this rule:
- Medical malpractice cases resulting in death must be filed within two years from the date of the medical error, no matter how much later the death may occur.
- Cases where the death was caused by a government actor (state, public university, school district, water authority, police, county, city government, etc.), notice must be provided to the government within 6 months of the date of the incident causing death.
Are All State Laws The Same Regarding Wrongful Death?
Every state has different laws regarding wrongful death. If your case involves wrongful death in another state, your attorney can refer you to competent counsel if they are unable to help you.
Are The Survivors Entitled To Recover Damages For Their Emotional Distress?
Yes, survivors can receive compensation for both:
- Loss of companionship and society – loss of the positive benefits flowing from love, comfort, companionship and society and
- Mental anguish – emotional pain, torment and suffering.
What If One Or More Of The Survivors Who Are Entitled To Bring A Wrongful Death Case Decide That They Do Not Want To Sue?
Any one of the wrongful death beneficiaries (spouse, child, parent) can bring a wrongful death claim. The other beneficiaries are free to join in the case, but are not required to do so. The case can proceed with only one family member.
What Is A General Timeline For A Wrongful Death Case To Be Resolved?
Cases can take months to several years to resolve. Unfortunately, there is no way to predict how long it will take to resolve a case.
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