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When must a lawsuit for wrongful death be filed ? |
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Each state has its own "statute of limitation," which defines the time frame during which a lawsuit must be filed. Depending upon the state the statute of limitation is generally 1-3 years after the victim’s death. A claim against a government agency, however, may have a different, usually shorter, time period for filing. While the time usually begins running from the time of the victim's death, some states may allow a lawsuit to proceed if the act which caused the death was not discovered until later. An example may be where the spouse of the victim does not discover until the following year that the victim's death was caused by the negligence of the treating doctor. In this case, the time frame to file a lawsuit may run from the date the spouse discovered the treating doctor's negligence, rather than the date of the victim's death.
A claim, even a valid claim, may be denied if it is filed after the statute of limitation has run. If you believe that you may have a valid claim for wrongful death, it is important that you speak with a qualified wrongful death attorney at your earliest opportunity to preserve your rights. In addition to protecting your claim in court, early action may also help to preserve evidence, or locate witnesses, that you may need to win your case. |
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