When initiating a wrongful death lawsuit time is of the essence. Generally, the lawsuit must be commenced within two years after the cause of action accrues which is on the date of the decedent’s death. A wrongful death action is initiated by the filing of a complaint. Issuance and service of the summons after the running of the statute of limitations does not bar the action, as long as the complaint was timely filed. However, if the statute of limitations has run on the decedent’s underlying personal injury claim prior to the decedent’s death, the wrongful death cause of action based on the same tortious conduct will also be time barred.

There are several exceptions to the two year statute of limitations. In a wrongful death action against a governmental entity the statute of limitations is four years. In a wrongful death case arising from alleged medical malpractice acts, the medical malpractice statute of limitations applies which is two years from when you knew or should have known of the possibility of malpractice, but no longer then 4 years. If the cause of action arises from navigable waters and is deemed a maritime claim, it may be governed under the three year federal maritime statute of limitations.

You cannot waste valuable time by taking your case to an inexperienced attorney. Failure to commence your case in a timely manner may bar your cause of action and your chances for recovery of damages for the death of your loved one forever. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.