No amount of money can take away the pain of losing a loved one. However, it is important for family members to claim compensation for the wrongful death of a loved one. The compensation basically helps reduce the financial burdens that may be associated with the wrongful death of the family member.

While most court cases are stressful, wrongful death cases go beyond that. These cases are usually full of ups and downs because of the daunting processes involved. This is why it is important to hire wrongful death attorneys who can make the process a little less stressful.

What Does a Wrongful Death Mean?

A wrongful death, just as the name suggests, is a death that occurs due to the wrongful act or negligence of another person. Basically, this form of death is deemed preventable were it not for the recklessness or intentional actions of the at-fault party.

Statute of Limitations for Wrongful Deaths

Across the USA, every state has its own statute of limitations when it comes to wrongful death cases. Some states have a limit set for one year, others for two years, and some for up to three years. But what do statutes of limitations do?

Statutes of limitations for wrongful deaths are period limitations upon which, once run out, you cannot file a claim for the wrongful death of a family member. While some of the cases go to court even after the statute of limitation period is over, the defense can easily argue that the case should be thrown out since the statute of limitation has expired.

What is the Role of Statute of Limitations?

To most, having timelines within which you may file a claim against a third party that you believe is the at-fault party seems unfair. However, these laws are not there to hurt anyone. Instead, they are there for various reasons, which include:

• Fastening the claim process: Statutes of limitations motivate individuals to file their claims quickly and avoid stale cases. When such cases are delayed, important evidence is likely to be lost. Therefore, the sooner the case is filed and resolved, the better it is for the victims.
• Ensuring that justice is served: Statutes of limitations ensure that the case is solved based on truthful evidence, thus protecting both the plaintiff and the defendant. For this reason, it ensures fairness and justice in wrongful death cases.

Are Statutes of Limitation Flexible?

The flexibility of statutes of limitations in the US normally depends on the state. Some states allow for flexibility based on different circumstances. Additionally, different states count the statute of limitation differently.

For instance, in some cases, the statue can begin right on the date the deceased was injured. In some other cases, the statute may begin to run on the date the injury that caused death was discovered.

Can You Extend a Statute of Limitation Period?

In case you run out of time on your statute of limitations, there are various options to extend the time limit. These options include:

• Extending the statute of limitation
• Requesting a court to waive the statute of limitations
• Requesting an opposing party to waive the statute of limitations

1. Extending the Statute of Limitations

Extending, or rather tolling, the statute of limitations in a wrongful death claim is very common. This can be done, for instance through, the discovery rule because it delays the running out of the statute of limitations period.

2. Requesting Court to Waive the Statute

As the plaintiff, you can request the court waive the statute of limitations for a wrongful death case. However, this is very uncommon, and the court requires reason beyond doubt to waive the statute.

3. Requesting At-Fault Party to Waive the Statute

Among the three, this is the least likely to happen. There is a 99.9% chance that the opposing party will disagree to waive the statute of limitation.