When a loved one passes away in an accident, husbands, wives, children and possibly other family members are left to pursue a claim on behalf of the deceased. The right to file a wrongful death is mandated by statutes that exist in each state, and is typically limited to a specific group of survivors defined by statute. All states allow immediate family members to pursue this claim. Other states expand the group of individuals with this right. For example, Vermont allows siblings and California allows life partners to file wrongful death claims. Some states also allow grandparents, financial dependants, or even people who face financial difficulties from the death to file such claims.
Another concern for those wishing to file a wrongful death claim is that state statutes vary as to the length of time available to file a claim. For instance, Mississippi allows a wrongful death claim to be filed within three years; however, the state only allows a claim to be filed within one year when a death is caused by an intentional tort. The District of Columbia allows a claim to be filed within one year from the death, but ten years if the death resulted from a defective or unsafe condition or improvement to real property. Indiana allows a claim to be filed within two years, but allows a claim based on radiation or asbestos exposure to be filed from the date of discovery. Other states simply provide a specified number of years in which to file a claim.
Because of the complexities of all wrongful death statutes, including who can file a claim and when the claim can be filed, you should consult a qualified attorney to represent your interests if you believe you have a wrongful death claim.
Legal Representation for Your Injuries or Loss
If you or a loved one has suffered from a personal injury, please contact the National Justice Coalition for an initial consultation regarding your injuries. Our attorneys will help you navigate your state’s specific laws regarding personal injury liability or wrongful death and help you recover for your loss.
