Statute of Limitations Studied by Streamwood Wrongful Death Lawyers

by | May 11, 2016 | Lawyers

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If you have suffered the death of a loved one due to negligence in a medical case, then you likely want to know what the statute of limitations are for filing your case, and that is best discussed with Streamwood wrongful death lawyers.

A lawyer will have the most up to date knowledge on the rules regarding the time limits for filing a wrongful death case and can help you decide if you can still file in the case of a death of a loved one.

Streamwood Wrongful Death Lawyers Understand Discovery Rule Cases

The time limit for filing a wrongful death case normally starts when the person filing the case “discovers” the reason for their loved one’s death, and this is different in several states. However, wrongful death lawyers keep up to date on what it is in your state and can advise you on how much time you have to file a case.

The “Discovery Rule” is something applied in a wrongful death lawsuit to find out if the decedent knew or should have known the reason for their illness or injury prior to their death, as this would start the statute of limitations period.

Special Concerns for Some Wrongful Death Cases

If a wrongful death comes because of a personal injury situation, this could make it time-barred if the decedent’s family didn’t file a personal injury case claim within a specific time frame after the death. Streamwood wrongful death lawyers can help you to determine if this fits your case’s situation.

Extending Time Limits in Wrongful Death Cases

Streamwood wrongful death lawyers can also help you to know when it may be possible to extend the time limit in a wrongful death case. The time limit can be waived by the court or through a process called tolling.

Tolling means delaying the limit set forth by the stature of limitations. To know whether tolling applies in your specific case, you should contact Streamwood wrongful death lawyers and discuss your specific situation.

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