Death is an inevitable part of human existence. It is a painful ordeal that every human is destined to experience. However, if death was brought upon your loved one other than the natural cause, then the pain is even more excruciating that it affects the lives of the family. In such cases the perpetrator of death must be held liable for the pain and suffering of the family is going through. Wrongful death claims must be taken to ensure that the perpetrator pays for the consequences of his or her action.

 What is a Wrongful Death Claim?

 Wrongful death claims are given to the family of the deceased to compensate for the pain and suffering that they are going through. Wrongful death claim can be filed by the immediate family members – children, life partner and parents – in some cases, if the immediate family members are not available, grandparents and siblings can also file for the case and receive the compensation. If the children are still minors and the other parent is not present, the jury usually grants the compensation to the nearest relative as their legal guardian until the children reach the legal age.

 Wrongful death claims may be filed by the family of the victim if someone acted negligently and as a result, caused your loved one to die.  Car accidents and medical malpractice are some of the most common cases of wrongful death claims but there are other circumstance, as well. Now, the family member has to be aware that there is an existing statute of limitations for wrongful death claims. With that said, it is helpful to seek for a legal assistance to help you file for a claim.

 Statute of Limitations for Wrongful Death Claims

 The statute of limitation varies from state to state. It could last from one year to up to three years, after which time you wouldn’t be able to file for any claim. This is the reason why people are encouraged to immediately look for a qualified attorney who specializes in wrongful death cases, in order to get compensated.

 In Louisiana the statute of wrongful death is one year while in the state of California, the statute limitation is two years. However, there are some states like Florida, that allow you to file for wrongful death claims even after the statute of limitations, in cases in which the cause of death is a result of a defective product. For a person with no extensive knowledge about the law, this is complex task and should only be handled by someone with a professional degree and experience dealing with such cases.

 When the Statute of Limitation Do Begins?

Currently there is no Federal statute so this still depends on the state where the case is being filed. In some states the statute of limitations begins at the time the body was recovered, while in some states the statute of limitations begins at the time of death or when it became clear that the death is a wrongful death case.

 The Duration of the Statute of Limitations

As mentioned above, the statute of limitations vary because there are states wherein the statute of limitations can last to up to two years, such as in Rhode Island and Wisconsin. In New Jersey and Nevada, the statute can last up to two years.

  In some states, unless the wrongful death lawsuits involve occupational hazards or defective products, the statute of limitations is not applied. In Florida, there is also an exception applied that lifts the statute of limitations, like if the wrongful death claim is caused by manslaughter or murder. In California, the statute of limitation is extended for cases of medical malpractice and exposure to asbestos. In Colorado, it is extended for a year if the cause of the accident involves car accidents.

 In conclusion, there is an applicable statute of limitations for wrongful death cases, but it varies from state to state. The best way to act upon it is to hire an attorney who specializes in wrongful death cases.

 He or she can help give you the guidance needed to properly file the claim and hopefully get you the financial compensation you are looking for.