A statute of limitations (SOL) for lawsuits is a law setting a time in which parties must initiate a lawsuit. It is important to understand that limitation periods exist no matter what type of claim you intend to file. The SOL is different between states and types of cases, so knowing when claims must be made is important to not miss deadlines.
Wrongful Death Claims
When making a wrongful death claim, it is important to understand the amount of time you have to make a claim before you can no longer do so. For example, the Statute of Limitations for injury to an adult in the state of Alaska is normally two (2) years. Wrongful death claims are similar in that most states require filing action within two (2) to three (3) years. In some cases however, the discovery rule may apply and allow you to file a claim later.
Discovery Rule
The Discovery Rule states the time limits begins at the point when the claimant knew or should have known the cause of an illness or injury prior to death. Further, the rule applies at the point of discovery after the decedent’s death in case he or she did not have a reason to expect an illness or injury. In the instance you do not know about injuries, you are unlikely to file a claim within the first year or two. If you suddenly start having problems three or four years later and discover someone made a mistake, it may be reasonable to file a claim at the time when you discover the injury.
Some are not sure whether they should file a claim due to the time limits lapsing. An attorney can be able to help determine if the case falls within the correct time frame. If not, there is a chance to appeal to court and have cases heard to suspend the statute of limitations.
Contact Merdes Law Office, P.C. to meet with our highly experienced Alaskan personal injury attorney to discuss your case: 907.452.5400 or visit www.merdes.com. And while we hope you never need us… We’re here if you do.
Source: FindLaw, “Wrongful Death Claims: Time Limits and the “Discovery” Rule“
