What is The TimeLimit to File a

Wrongful DeathClaim

Beninato & Matrafaljo

Losing a loved one due to

the negligence of someone

else is always a tragic and

heartbreaking situation. In

addition to causing

immense emotional pain, an

untimely death can leave a

family with overwhelming

financial burdens, including

funeral costs, unpaid

medical expenses, and loss

of income and insurance.

D M L A W Y E R . C O M B E N I N A T O & M A T R A F A L J O

The time limit, known as a

statute of limitations, for filing

a wrongful death lawsuit varies

from state to state. In many

states, a spouse, child, or

parent of the deceased must

file their wrongful death lawsuit

within two years of the victim’s

passing. There are, however, a

few exceptions:

How LongDo I havefile

D M L A W Y E R . C O M B E N I N A T O & M A T R A F A L J O

Understanding the Concept

The Discovery Rule

The clock doesn’t begin on the

statute of limitations until the

party bringing suit discovers, or

with reasonable diligence

should have discovered, the

victim’s passing. Moreover, if

the victim was killed because

of negligence that was

uncovered only after the

statute of limitations lapsed,

the family may still be eligible

to file suit.

Minors –

Children under the age of 18

are not allowed to bring a

case to court. However, if the

victim’s child was a minor at

the time the death occurred,

they may be allowed to file a

wrongful death lawsuit within

two years after their 18th

birthday, even if the original

statute of limitations has

expired.

Extensions –

Statutes of limitations are taken

very seriously by courts;

therefore, it is uncommon for

them to be disregarded by a

judge. There are some

instances, though, when a

lawyer can successfully appeal

to have them set aside, in what

is known as a motion to toll the

statute of limitations. The most

common exception is when

another party is responsible for

ongoing delays in the case.

D M L A W Y E R . C O M B E N I N A T O & M A T R A F A L J O

The Law Offices of Beninato & Matrafaljo has

extensive experience representing clients who

have lost loved ones. Contact our New Jersey

Wrongfull Death Lawyer. To schedule an

appointment follow the link below

Are You Entitled toFile a WrongfulDeath Claim?

D M L A W Y E R . C O M B E N I N A T O & M A T R A F A L J O

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