There are a few ways for those who lose loved ones due to another’s negligence or wrongdoing to obtain justice. In some cases, the state may be able to prosecute the party at fault for causing another person’s death. A fatal drunk driving crash could lead to drunk driving charges, for example.
Not every premature passing meets the necessary standard for criminal prosecution. However, families might be able to pursue wrongful death lawsuits even when the state declines to prosecute the party at fault for their loss. If they intend to seek justice in the civil courts, they must act quickly or potentially lose their right to file a lawsuit.
A strict statute of limitations applies
The more time that passes, the harder it can be to conclusively prove what happened during a specific incident. Physical and chemical evidence degrades over time. The memory of witnesses may fade.
As such, the state does impose limitations on injury-related lawsuits. Wrongful death lawsuits are a type of personal injury lawsuit, and they are subject to a statute of limitations.
Those hoping to file a wrongful death lawsuit typically only have three years from the date of their loss to take legal action. If they wait longer than that, they may lose the right to file a lawsuit. It is typically beneficial to begin the process long before the statute of limitations is about to expire.
People hoping to file a wrongful death lawsuit may want to discuss that possibility as soon as possible with a legal professional. Failing to take action can deprive the families of justice, economic relief and closure after a tragic loss.
