We understand that death is, unfortunately, inevitable, but when the death of a family member or friend is caused by another person’s negligence, it can be devastating. The truth is that there is no set timeline for grieving, and every person deals with loss differently. However, if you intend to file a wrongful death lawsuit, it is critical you’re aware of the deadlines that may apply in your case.
The Statute of Limitations
The statute of limitations is the window of time in which a person can file a lawsuit. Once this window closes, the person can’t pursue legal action anymore. In most states, the deadline is 2 years from when the victim died. However, this timeline is also longer or shorter in some states, so it is important to check the specific laws in your state. There might also be some exceptions to this statute. For example, if the person died as a result of medical malpractice, the deadline might be extended to allow more time to file a lawsuit.
The Discovery Rule
Even if the statute of limitations has passed, there may still be a chance to file a lawsuit if the discovery rule applies in your case. This is a legal doctrine that can extend the timeline for a lawsuit in certain cases. Under this rule, the limitations period only begins to run when the plaintiff ‘reasonably’ discovers the injury. This can often be an issue in wrongful death cases, where the victim’s death may not be immediately apparent.
For example, if someone dies as a result of exposure to a toxic substance, their family may not realize that their death was caused by negligence until after the statute of limitations has passed. However, if the discovery rule applies in their case, they may still have a chance to file a wrongful death lawsuit. If you have lost a loved one and are unsure whether the statute of limitations has expired, it is important to speak with an attorney to find out if the discovery rule applies in your case.
The Trial Process
Once you’ve decided to move forward with your case and filed the necessary paperwork, a wrongful death lawyer at Riddle & Brantley in North Carolina will begin investigating and gathering evidence. This process is called discovery, and it ranges anywhere between several months to a year or more, depending on the complexity of the case.
If discovery doesn’t uncover enough evidence to prove your case or if the defendant refuses to settle out of court, your case will go to trial. The trial process can take several months—sometimes even longer—to complete. Once all the evidence has been presented and both sides have had a chance to argue their case before a judge or jury, a verdict will be rendered, and damages will be awarded (if applicable).
Conclusion
No amount of cash can ever make up for losing a loved one. However, filing a wrongful death lawsuit can help ease the financial burden placed on the family and hold the responsible party accountable for their actions. If you’re planning on filing a claim, being aware of the timeline is essential if you don’t want to miss your opportunity to do so. Consult with an experienced attorney as soon as possible after your loved one’s passing to ensure that your rights are protected.