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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Kigan Martineau who has years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.
When a loved one dies due to someone else’s actions, surviving family members may have the right to file a wrongful death lawsuit. The legal process, however, has strict timelines that must be followed. Missing a deadline could prevent you from seeking compensation for funeral costs, medical bills, and loss of income.
BAM Personal Injury Lawyers helps surviving family members understand how to file a wrongful death claim within the proper timeframe. We provide legal support from start to finish, ensuring all deadlines are met and that you get the justice you deserve.
Our experienced wrongful death attorneys work to gather evidence, guide you through the legal proceedings, and seek compensation for your loss. We’re here to support you through the difficult process of filing a wrongful death lawsuit.
The statute of limitations refers to the deadline by which a wrongful death lawsuit must be filed. In most states, the clock starts ticking from the date of the deceased person’s death. If you do not file within the allowed time, your case may be dismissed, and you will not be able to seek compensation.
Missing the deadline can prevent surviving family members from receiving compensation for funeral expenses, medical costs, and emotional distress caused by the loss.
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The statute of limitations for wrongful death lawsuits can vary depending on the state. Here are the time limits for Utah and Idaho:
In Utah, you typically have two years from the date of death to file a wrongful death lawsuit (see Utah Code § 78B-2-304(2)). If the case involves medical malpractice, the deadline may be extended to three years. Act within this time frame to avoid losing the right to seek compensation.
In Idaho, the statute of limitations for a wrongful death lawsuit is also two years from the date of the deceased person’s death (see Idaho Code § 5-219(4)). However, if the wrongful death case involves government entities, different deadlines may apply. Make sure to consult with a wrongful death attorney in Idaho to confirm the correct filing time.
The clock for filing a wrongful death lawsuit usually starts on the date of death. This means the time limit begins when the person passes away due to the wrongful act. However, in some cases, the time limit may start later, such as when the cause of death is not immediately clear.
In some situations, the date when the family becomes aware of the cause of death may be considered the start of the statute of limitations. This is known as the discovery rule, and it can extend the deadline for filing. Speak with a wrongful death lawyer to understand exactly when your deadline starts and how long you have to file.
In certain situations, exceptions can extend the filing deadline for a wrongful death lawsuit. These exceptions may apply depending on the specifics of the case. Be aware of these to ensure that you don’t miss your opportunity to file.
The discovery rule allows the statute of limitations to be extended in cases where the cause of death wasn’t immediately known. If surviving family members only later discover that the death was caused by someone’s negligence (such as in cases of medical malpractice or toxic exposure), the time to file a wrongful death lawsuit may start from the date they learned about the cause, not the date of death.
If the deceased was a minor or a mentally incapacitated person, the statute of limitations may be extended. In these cases, the family members may have more time to file the wrongful death lawsuit. For example, a legal guardian may be able to file on behalf of the deceased person or child. This ensures that vulnerable victims have the chance to seek justice.
If a criminal investigation or trial is ongoing regarding the cause of death, the statute of limitations may be extended. The court may allow more time for the wrongful death lawsuit to be filed while the criminal case is in progress. However, the family can often still file a civil wrongful death claim while criminal charges are being pursued, even if the criminal case has not concluded.
If the defendant attempts to hide their involvement in the death or engages in fraud, the statute of limitations may be extended. This ensures that the responsible party cannot escape liability by concealing key evidence or facts. In these cases, the court may allow the family additional time to file the lawsuit.
When a wrongful death lawsuit involves a government entity, special deadlines may apply. Government claims typically have shorter time limits compared to regular wrongful death cases. This is because the government has legal protections that limit the amount of time people have to file claims.
In most states, if a wrongful death case involves a government agency or employee, you must give notice of the claim within six months to one year of the death. After the notice, you may have additional time to file the lawsuit itself, but the initial notice must be filed quickly. These deadlines are strict, and failing to meet them can result in the loss of your right to seek compensation.
If the wrongful death lawsuit involves a government vehicle, a law enforcement officer, or any other government-related party, you should consult with a wrongful death lawyer as soon as possible to make sure all deadlines are met.
Filing a wrongful death lawsuit early is essential for several reasons. First, it ensures that you don’t miss the statute of limitations. Once the deadline passes, you may lose the chance to seek compensation for the death of your loved one.
Early filing also gives you more time to gather important evidence. Witnesses’ memories can fade, and physical evidence can disappear over time. The sooner you begin the legal process, the more likely you are to secure critical information that supports your case.
In addition, starting the process early allows you to focus on the emotional and financial recovery without worrying about missed deadlines or legal delays. A wrongful death attorney can help guide you through this difficult process and handle the legal details so you can focus on healing.
A wrongful death lawyer plays a key role in ensuring your case is filed within the required time limits. A few key ways in which a wrongful death lawyer can help you include:
A wrongful death lawyer will determine the correct filing deadline for your case. They will take into account the state’s statute of limitations, any applicable exceptions, and when the cause of death was discovered. This ensures that your case is filed on time.
If there are any exceptions to the deadline that might apply to your case, such as the discovery rule or defendant concealment, your lawyer will make sure these are taken into consideration. They will work to ensure that any extensions or exceptions are properly applied to your case.
A wrongful death lawyer will handle all the legal paperwork and ensure that it’s filed correctly and on time. This includes filing the lawsuit, preparing documents for court, and dealing with any required notices. Their experience helps keep the legal process moving smoothly.
How long it takes to settle wrongful death claims depends on the complexity of the case. Most wrongful death settlements can take several months to over a year. Factors like the amount of evidence, negotiations with the insurance company, and any disputes about liability can influence the timeline.
The wrongful death lawsuit timeline varies, but it generally includes the investigation, filing of the lawsuit, gathering evidence, and settlement negotiations. If a settlement cannot be reached, the case may go to trial, which can extend the timeline further.
The length of a wrongful death lawsuit depends on the case specifics. On average, a lawsuit can take anywhere from several months to several years, especially if the case goes to trial. Factors like the complexity of the case, negotiations with insurance companies, and disputes over liability can all impact the process.
A wrongful death settlement can include compensation for funeral and burial expenses, medical bills, lost wages, pain and suffering, and other emotional losses. The settlement amount depends on the details of the case and the parties involved.
While both wrongful death cases and other personal injury lawsuits seek compensation for harm, a wrongful death lawsuit is filed by surviving family members after someone’s death. In contrast, personal injury lawsuits are filed by the injured person themselves, typically while they are still alive.
If you’ve lost a loved one in a fatal accident, BAM Personal Injury Lawyers is here to help. We understand the emotional and financial burden a wrongful death causes. Our team of seasoned wrongful death lawyers is dedicated to helping you seek justice and compensation for your loss.
We’ll guide you through every step of the wrongful death lawsuit process, from gathering evidence to dealing with insurance companies. We work hard to ensure you get the compensation you deserve for funeral and burial expenses, lost income, and emotional suffering.
Contact us today for a free consultation. Let us help you make sure your legal action is filed on time and that you get the fair settlement your family deserves.
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