Statute of Limitations Wrongful Death in USA briefly explain the legal prospects of this particular scenario. We would also try to explain all the processes involved so that you don’t need to panic during the needful hours. Depending upon the state you live in, there can be significant variations in terms of damages available in wrongful death lawsuits. Many states might have a limit on the amount and type of damages, especially in cases of medical malpractice. It’s important to consult an attorney when you are dealing with the wrongful death statute of limitations. You can contact us anytime without any hesitation at Injury lawyer for further more details and clarification.
Statute of Limitations Wrongful Death – Types of Damages Involved
In general scenarios, there are three types of damages that are available for the survivors to claim for in cases of a wrongful death lawsuit. And they are economic, non-economic, and punitive damages.
Economic damages: This mentions the value of financial contributions the deceased would have made to the survivors in case he/she was still alive. This includes:
- Medical and funeral expenses
- Loss of the victim’s earnings
- Loss of benefits, namely pension and medical coverage
- Loss of inheritance due to an untimely death, and
- The value of goods and services that the deceased would have provided
Non-economic damages: Generally, these are less tangible, non-economic damages. However, they might be more valuable than economic damages. They are:
- Damages related to the survivors’ mental anguish and suffering
- Loss of the care, guidance, protection, advice, training, and nurturing from the deceased
- Loss of love, and companionship, and
- loss of consortium
Punitive damages: These damages are awarded for punishing the defendant, especially for bad conduct. However, not all the states offer these damages in wrongful death lawsuits. In some states, such damage isn’t recoverable against most defendants that belong to most governmental agencies.
Wrongful Death Statute of Limitations –Time Limits
Each state has a certain time limit, which is called the “statute of limitations.”
In most cases, the general rule of thumb is that a lawsuit related to statute of limitations wrongful death must be filed within two years of the date of the death caused due to misconduct. Let us know more about that:
- In certain cases, however, the statute of limitations might just span for one year. Special rules are often applied to minors and people with mental disability.
- Many states don’t entertain the completion of the statute of limitations period until the harm is discovered. For instance, if a doctor fails to diagnose cancer but the situation is not discovered for years after the error is caused, the statute of limitations might not start until the patient discovers he has cancer.
- Some of the states put an upper limit on the date of discovery in certain cases, namely construction, medical malpractice, product liability, and legal malpractice claims. For instance, a state might allow the survivor to bring a lawsuit within two years since the date of discovery. However, it might not be entertained in case the claim is filed more than five years from the date of the victim’s death.
We hope that our article has cleared some of the major doubts you had related to statute of limitations wrongful death. It’s important, however, to understand that each of the states has its own time limit for filing wrongful death cases. In case, you need any further guidance, contact us without hesitations. We can answer all your queries at Online Lawyer.