If your family has lost a loved one suddenly and tragically, you are going through a challenging time. You are dealing with intense emotions and may not be ready to face the legal process.
However, you need to be conscious of the clock because it can determine whether you can seek justice and financial support for your loss. If the statute of limitations passes, you may come away empty-handed and unable to seek justice for the wrongful loss of your loved one.
The best thing to do is consult a wrongful death lawyer regarding your situation. They will start the process on your behalf so you can focus on your family and emotional recovery.
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Wrongful Death Cases
A wrongful death case is a form of a personal injury lawsuit. Your family is now the victim and may have suffered the following losses when your family member died:
- The income that your family member would have earned if they could continue to work and provide for your family
- The guidance that they gave the family
- The close and loving relationship that they had with family members
- The physical relationship that they had with their spouse
To win your case, you must prove that the death was wrongful in the eyes of the law. This means the death happened due to the negligence or intentional wrongdoing of another party.
Wrongful death cases might arise in the following circumstances:
- Car accidents
- Bicycle accidents
- Motorcycle accidents
- Premises liability injuries
- Pedestrian accidents
- Truck accidents
- Assaults (both lawsuits against the assailant and someone else for not providing security)
A wrongful death attorney can assess whether your family has a valid claim for wrongful death.
There Is a Time Limit
You do not have an unlimited amount of time to seek financial compensation for the loss of your loved one. Each state has its own law for personal injury cases that impose a shelf life on your legal rights, and you only have the right to seek financial compensation for a certain period. This law is known as the statute of limitations and applies to every personal injury case, including wrongful death.
The length of the statute of limitations depends on the state. The time generally ranges from one to three years, but you need to be acutely aware of the laws of your particular state. If you do not have your eye on the clock, you can end up in serious legal difficulty when you decide to seek compensation for your family’s loss.
When the Statute of Limitations Starts in a Wrongful Death Case
The statute of limitations generally begins on the date of your loved one's death. Often, this is the accident date or when they succumbed to their injuries. However, you may not know immediately that your loved one’s death was wrongful and only learn about it months after the fact.
For example, if your loved one died due to injuries that they suffered from a defective product, you may not even know that you had a right to legal action until you learned of the actual product defect. Some states may impose an initial statute of limitations, a possible exception for later discoveries, but then another cap no matter when you learned of the wrongful action.
You Never Want to Miss the Statute of Limitations
There are drastic consequences for missing the statute of limitations. Essentially, your right to seek compensation goes away when the statute of limitations passes, and this point holds true even when you miss the deadline by a single day.
The court will dismiss your case, and you will never get to tell your story and seek justice. Even if the defendant does not file a motion to dismiss on their own, the judge can raise the issue and dismiss the case. The laws are stringent, and there are few exceptions to the statute of limitations.
Your Wrongful Death Attorney Will Identify Deadlines
Sometimes, your family may wait until closer to the statute of limitations to file the lawsuit. First, your attorney may try to negotiate a settlement with the insurance company. These settlements take time, and you may need to negotiate extensively. You may only file a lawsuit after realizing you will not reach a settlement.
There are even situations where your lawyer will file your lawsuit on the eve of the statute of limitations. The key is having an experienced wrongful death lawyer handle your case and advise you on strategy.
You Need to Contact a Wrongful Death Lawyer Now
It is understandably complicated for your family to contemplate taking legal action during such a difficult time, and the last thing that you may want to think about is the legal process and dealing with insurance companies.
The good news is that you do not have to do this work yourself. You can hand the details of your case to a wrongful death attorney who will represent you in the legal process. Your lawyer will file all your claims and take on the insurance company on your behalf.
The key is to call an attorney as soon as possible to begin the legal process. You may not file a lawsuit immediately, but you will at least know that you have a fighter in your corner working on obtaining compensation for your family.
When dealing with the devastating loss of a loved one, the last thing you want to worry about is the financial burden that often accompanies legal action. It is essential to know that hiring a wrongful death lawyer to handle a case will not cost you anything out of pocket.
Instead of charging an upfront fee or hourly rate, they typically work on a contingency basis, meaning they only get paid if they can recover compensation for you.
Talk to a Wrongful Death Attorney at O'Connor, Acciani & Levy
If you have recently lost a loved one due to the negligence of another party, do not hesitate to reach out to a wrongful death attorney with experience in these challenging cases.
At O'Connor, Acciani & Levy, your lawyer will provide you with the support and guidance you need during this difficult time and will fight tirelessly to advocate for your rights and the memory of your loved one. Contact Cincinnati personal injury law firm today for a free consultation.
