How long do families have to file a wrongful death lawsuit?

People adjusting to life after a tragedy often take things day by day. It can be very difficult to visualize the future after losing a spouse, child, parent or other close loved one.

It is only after grief begins to subside and practical challenges arise that people start to consider their legal rights. The law allows those affected by a tragedy to seek justice through civil litigation. Wrongful death lawsuits can hold a business or individual responsible for causing a tragedy.

Grieving families need to take action promptly, as the state limits the window of opportunity to litigate.

Grief can prevent people from seeking justice

Depression, anger and other intense emotions can overwhelm those who have lost a loved one. They may struggle to remain calm and to manage daily life. The idea of filing a lawsuit may seem overwhelming.

Unfortunately, people do not have the luxury of waiting for their grief to subside before taking legal action. With exceptions for rare and unusual cases, most families only have two years from the date of a loved one’s death to file a wrongful death lawsuit.

They generally need to begin the process well before that two-year statute of limitations approaches. Failure to take timely action could lead to setbacks that ultimately prevent the family from holding the party at fault accountable for their loss.

The sooner that those grieving a tragedy consult with an attorney, the better their chances of taking action before they can no longer do so. Reviewing the circumstances surrounding a loved one’s death can help families determine if they are in a position to file a wrongful death lawsuit.

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