Time Limit on Claims

Generally, a wrongful death happens when someone’s negligence or intentional act takes away the life of another. Such an action results in damages given to the surviving family members, but a time limit is set. A wrongful death is not limited to a specific action. It can occur because of a:

• vehicle accident,
• workplace accident,
• homicide,
• medical malpractice or
• any other way where the law holds one party responsible for the death of another

This article will discuss the basic time limits in place whereby a plaintiff can file a claim.

Legal Time Limit

Statute of limitations is defined as, “any law that bars claims after a certain period of time passes after injury. The period of time varies depending on the jurisdiction and the type of claim.” Therefore, the plaintiff only has a certain amount of time in which to file a claim that is the statute of limitations. All civil actions have specific statutes of limitations. Each state gives a specific statute of limitations for filing a claim. Many states set the same time limit for wrongful death cases as is used for any other personal injury claim.

However, in other states the time limit may be different or even shorter for wrongful death cases. The range for states is between two to six years from the date when the cause of action occurred. Most states use a 2-year limit.” In the state of Florida the statute of limitations for wrongful death claims is a period of 2 years.

Certain circumstances involved in the case may have a direct impact on the statute of limitations. For example, if a victim was a minor or mentally disabled, the statute of limitations may be longer. In certain causes of death, such as medical malpractice, the statute of limitations may be shorter. However, in most situations the statute of limitations begins from the date of the misconduct that caused the victim’s death. There may be special circumstances that go outside this general rule such as the ‘discovery rule’.