Time Limitations on Wrongful Death Lawsuit Claims in Frisco Tx
All civil lawsuits including wrongful death cases have limits as to when they have to be filed. These term for these time limits is “statutes of limitations.” If a time limit expires, or a statute of limitation runs out, the claimant loses the right to legal action in a civil suit. Each state in the U.S. has specific time limits. If you have a wrongful death lawsuit claim that you wish to file, contact an attorney regarding the limitations.
Discovery Rules and Time Limitations
The statute of limitations for a wrongful death lawsuit usually begins on the date of death or injury preceding the death. If the death occurred as a result of medical malpractice, the statute of limitations usually begins on the date of negligence or conduct causing the harm, injury or death. In some states, the time limitations start with the actual wrongful death rather than the discovery. The discovery rule can be a basis to determine whether the cause of death should have been known before the actual wrongful death to begin the period of limitation. However, the discovery rule is a narrow basis and can be speculative. It is important that you as soon as you are aware of potential negligent conduct causing serious harm or death to contact an attorney right away to learn of the rights of the surviving loved ones (generally include spouse, children, or parents).
If a wrongful death occurs due to a personal injury, a failure to bring forth a personal injury suit within the set time limitations may impact the lawsuit. In some states, wrongful death suits brought about by product liability have particular time limits. These limitations begin with the wrongful death regardless of the knowledge held by the party bringing forth the lawsuit. The discovery rule does not apply in these cases. Some states have a statute of repose which prohibits a product liability suit if the product is beyond a specified age.
Tolling Limitations of Time
If the statute of limitations of your case has expired, there may be a solution to continue with the suit. Your three options for extending the period include having the statute waived by the court, having it waived by the party in opposition, or tolling the statute of limitations. Your attorney may attempt to request that the court waive the time limits to file the suit. However, for the court to agree, the claim must meet specific criteria. This situation is highly unlikely. Approval by the opposing party to waive the statute is also highly unlikely. Delaying the statute of limitations is more likely circumstance. The acceptability of the delay will be dependent upon the state laws.
If you have questions about or need help in filing a wrongful death lawsuit in Frisco, Texas, contact Reynolds & Reynolds law firm at 214-891-6606 today!
Reynolds & Reynolds Law Firm | Wrongful Death Lawsuit Frisco TX | 214-891-6606