Bringing a Wrongful Death Lawsuit

Authored by , LegalMatch Law Library Managing Editor and Attorney at Law

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wrongful death suit may be brought by the surviving beneficiaries or dependents of a deceased victim. This typically includes the victim's spouse and children.

When Must a Wrongful Death Lawsuit Be Filed?

Each state has its own statute of limitations within which the wrongful death lawsuit must be filed: 

The deadline starts to run from the time of the victim's death, but occasionally, if the cause of death is not discovered until later, a court may allow the statute of limitations to being running from the date of discovery. This is called Tolling the Statute of Limitations.

What Are the Elements of a Wrongful Death Claim?

In a wrongful death lawsuit, the survivors bring a claim that the victim's death was a result of the defendant's conduct. In order to prevail on a wrongful death claim, the survivors must show: 

Should You Hire a Lawyer Experienced in Wrongful Death Matters?

 If your loved one died due to the actions of another, you should speak to a lawyer immediately to learn more about preserving your rights and remedies. The statute of limitation deadlines are strict, and a valid claim may be denied if the lawsuit is brought even one day late. A lawyer will be able to explain the value of your case and help you navigate through the complicated legal process. 

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Last Modified: 12-13-2013 11:05 AM PST

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