When you lose a loved one because of the careless conduct or criminal act of a third party, the emotional hardships can be enormous. The notion of worrying about practical concerns like financial challenges, legal actions, and insurance hassles when coping with overwhelming grief can be extremely difficult. However, there are critical time limits that apply to wrongful death actions, which make it important to take prompt action to avoid violating these critical deadlines.
The statute of limitations is the formal deadline by which a lawsuit must be initiated to preserve your legal rights to bring a legal action including a wrongful death claim. The importance of the statute of limitations cannot be overstated because failure to comply with this timing requirement will typically result in a permanent bar to bringing a wrongful death claim. There are generally no exceptions to the statute of limitations so even where failure to comply with the time limit results in devastating results the court cannot override this critical timing requirement. If you have a loved one taken from you prematurely by the wrongful conduct of another, it is essential to obtain legal advice at the earliest opportunity.
An example may illustrate how an experienced Mississippi wrongful death attorney may help you avoid having a wrongful death claim permanently barred. If a loved one is killed in a car accident on the roads of Mississippi, you must initiate a wrongful death action within three (3) years of the date of death. While this may seem like a long time, the reality is that the time can pass quickly. Sometimes a party that is not represented by counsel may be negotiating with an insurance company and not realize that the statue is approaching. The insurance company is certainly not going to alert you and may drag out negotiations until it is too late to file a lawsuit.
The severe consequences of failing to file prior to the statute of limitations running also means that law firms may be hesitant to get involved in a wrongful death claim if the statute of limitations is close because of the potential liability. Many times the law firm needs to conduct an investigation into the merits of a wrongful death claim so the firm must have sufficient time to determine whether they wish to take the case.
The determination of the date by which the case must be filed also can be complicated without legal advice. A wrongful death claim that is based on an intentional tort in Mississippi has only a one year statute of limitations. An intentional tort essentially refers to injuries caused by intentional rather than accidental conduct, such as sexual assaults, physical assaults and similar types of claims. Medical malpractice claims generally must be filed within two years of the act or omission that gave rise to the claim or within two years of when the injury is or should have been discovered.
While these time limits may sound straightforward, there are a number of complications that may be involved in determining when the statute of limitations runs (i.e. expires). Sometimes the period may be “tolled” or suspended and calculating when the period starts is sometimes tricky. The harsh consequences of failing to comply with the statute of limitations means that you must be extremely vigilant about seeking legal advice promptly. It must also be noted that other shorter time limits may apply if you are bringing a claim against a governmental entity.
If your loved one dies because of the wrongful act of another, the experienced Mississippi wrongful death attorneys at Barrett Law are committed to helping families recover the compensation that they need and holding those whose conduct harms others accountable. At Barrett Law, our experienced Mississippi personal injury lawyers represent wrongful death victims throughout Mississippi. Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.
