Statutes of limitations limit the amount of time in which a person can file a legal claim, including wrongful death claims. They exist to ensure fundamental fairness in the legal process. No matter what the responsible party may have done to cause your loved one’s death, they still have rights of their own. One of them is the right of not having to worry about facing a lawsuit years into the future, after they may no longer have access to the evidence they need to defend against your case. Accordingly, you only have a limited amount of time to act when your loved one wrongfully dies due to someone else’s actions. Reach out a McLean wrongful death lawyer to file your claim on time.
You Have a Limited Amount of Time to File a Wrongful Death Lawsuit
Each state has its own laws that govern the amount of time your family has to file a wrongful death lawsuit. For example, in Virginia, the statute of limitations gives family members two years from the date of their loved one’s passing to file a claim.
The statute of limitations is a very strict deadline in any wrongful death case. You cannot afford to take your eye off the ball, because missing the statute of limitations will have grave consequences. If you miss the statute of limitations by even a single day, your right to seek financial compensation can be gone forever. The statute of limitations is a very unforgiving deadline. In most cases, it will not matter why you missed the deadline. The mere fact that you failed to file your case in time will be the end of your legal right to seek compensation for the death of your loved one.
There are very few exceptions to the statute of limitations, and they are very strictly construed. You are the one who has the burden of proof to show that an exception applied to revive your case. Otherwise, your lawsuit can be dismissed, and you will not even get a hearing on the merits.
The Clock Starts Ticking When You Learn That the Death Was Wrongful
There may be questions about when the statute of limitations begins to run in a wrongful death claim. There are very few, if any, questions. If your loved one died immediately at the scene of the accident, then the date of the accident will be when the time clock begins to run. If your loved one passed away days or months afterward, the wrongful death statute of limitations will start on the date of death.
There are some challenges when you do not immediately know that your loved one’s death was wrongful at the time they passed away. For example, your loved one may have died because of medical malpractice or a defective pharmaceutical product. You may not have come to understand until years after the fact that someone else’s wrongful actions caused your loved one’s death. In that event, the statute of limitations begins to run at the time that you learned that the loved one’s death was, in fact, wrongful. This concept is called the discovery rule and is one of the few exceptions to the statute of limitations. Otherwise, this law is very strictly construed in the interests of being fair to the defendant.
You Should Contact a Wrongful Death Lawyer Now to Begin Your Case
While two years may sound like a long time, you should always call a wrongful death attorney as soon as possible after losing a loved one. Any delay can result in the loss of evidence that you need to win your case. An attorney will keep an eye on the clock, tracking the deadline to ensure that you do not miss out on filing a lawsuit.
It takes time to go through the wrongful death legal process. Chances are that your wrongful death lawyer will need some time to prepare your claim or lawsuit. They will need to investigate what happened to gather evidence that the other party was negligent and caused your loved one’s death. In addition, your wrongful death attorney will also need to work to estimate the damages your family has suffered. This calculation may take some time because wrongful death damages are inherently subjective. These damages measure the value of your loved one’s life and what they meant to your family.
Your wrongful death lawyer may take time to try to negotiate with the insurance company before they file a lawsuit in court. The insurance company may try to settle the claim without the need for a lawsuit and trial. However, you cannot give the insurance company unlimited time because of the statute of limitations. They may consciously try to run out the clock on you.
Further, your family likely needs the money that a wrongful death settlement award or settlement will provide. It will take a considerable amount of time to get this money, so you should at least take steps to begin the legal process now.
It is Your Best Interest to Retain a Lawyer Quickly
Even though dealing with a wrongful death lawyer may be the last thing that you want to do during this difficult time, you need to contact an attorney now. If you wait too long, your attorney may have a more difficult time collecting the evidence they need to win your case.
Your wrongful death attorney can handle all details of the case, sparing your family from having to get too intimately involved in excruciating details during what is already a hard time. You will still need to make decisions concerning the case, and you may be called on to testify in a deposition or at trial. One of the best things about hiring a wrongful death attorney is that you never have to pay them any money out of your own pocket.
Contact a Wrongful Death Attorney Near You Today
If you have lost a loved one in an accident, you should contact an attorney right away. A lawyer can protect your rights and make sure you obtain justice for your loss. Contact an experienced personal injury attorney in McLean to schedule a free case evaluation.