Putting off a wrongful death lawsuit, or even a consultation with an attorney, is a natural response after a sudden loss. People who have recently experienced a tragedy often do not want to address the issue head-on by taking immediate legal action.
They need time to grieve and heal first. Unfortunately, delays when seeking justice through a wrongful death lawsuit might leave families unable to pursue justice at all. It is often beneficial to discuss concerns with an attorney as soon as possible after a tragedy occurs.
The state doesn’t offer much time to sue
Statutes of limitations are essentially laws limiting how long people can take legal action after certain issues occur. In many wrongful death scenarios, surviving family members only have, at most, two years to file a wrongful death lawsuit.
However, many families are subject to a one-year statute of limitations. If the courts appoint a personal representative promptly after a tragedy, litigation may need to begin within a year of the person’s passing, or the family may completely lose the right to pursue justice. In cases where there are substantial delays in the appointment of a personal representative, families may potentially have up to two years to file.
Consulting with an attorney long before the statute of limitations expires provides surviving family members with plenty of time to gather evidence, calculate losses and respond to any unexpected setbacks that could delay a filing. Those who want to hold responsible parties accountable often need to act quickly to ensure they can take action after a tragedy. There is only a limited window of time in which filing a wrongful death lawsuit is an option.