Wrongful Death – Status of Limitations

Personal injuries are becoming increasingly common as the number of accidents increase dramatically over time. In some cases, these accidents and injuries are so severe that the victims die as a consequence. If a near and dear family member, friend or acquaintance has recently lost their life after suffering a severe personal injury, you can file what is known as a wrongful death lawsuit against the culprit. 

In essence, a personal injury lawsuit allows victims to get compensated for the pain and suffering caused due to the negligence of someone else. There have been many instances in the past where victims of such negligence have lost their lives to it. In such cases, the family members usually file a wrongful death lawsuit. 

Wrongful death lawsuits can be filed by one or more if the following – 

  • Legal or personal representative of the victim
  • Parents, spouse, children, legal guardians or individuals dependent on the deceased person

Most of the requirements for such a lawsuit are the same as those of personal injury lawsuits, in that there is a burden of proof which is required. However, what differentiates the two is the fact that the victim should have died as a result of the injury and the statute of limitation should be held in regard. 

Statue of limitation refers to the time period up till which the bereaved party can file a lawsuit against the accused. In the case of wrongful death lawsuits, the statute of limitations is 3 years. This means that the bereaved party has up to three years from the date of the victim’s death to gather the evidence required in order to file a lawsuit for wrongful death and get the compensation that they require and deserve.

An important thing to note here is that the date from which this statute of limitation becomes valid or is calculated is the date of the death of the victim. This may be different from the date of the actual accident or injury. The cause of the victim’s death also, in such cases, needs to be directly linked to the injury or accident. 

Every life is important, and every life matters. If someone loses their life due to another’s negligence and lackadaisical attitude, it is important that those left behind are taken care of and the culprits punished. If you know someone who has fallen victim to a wrongful death and has a family that they would have to support, reach out to them and a personal injury lawyer who can make sure that they get the right kind of compensation, aid and assistance they deserve.