Wrongful Death
Wrongful Death actions are usually the result of an underlying act of intentional or negligent conduct. Automobile accidents are a typical example. This is one of the most difficult areas of law that we practice. The emotional strain of representing a family member for the loss of a loved one develops rather quickly once the representation starts. We find out about the deceased life and become close to the family during the representation. We know how hard the case can be on a family and we try to keep the pressure to a minimum. Nothing we do can change the past, but we can try to help with the future. No monetary compensation will replace a person, but our efforts can help in many other ways. Several of our clients were not interested in a monetary result, but rather seeking justice for their loved one through our judicial system. Some clients start a fund, charity or other benefit in memory of their loved one.
Time is of the essence in most cases involving death. Each state has a time period in which the wrongful death law suit must be filed.
It is better to speak to us and determine if you want to pursue a case, than to wait and not be able to pursue case. A simple telephone call to speak with us will enable you to make a decision. Call us at 1-800-94-TRIAL. You may also contact us online.
Examples of Wrongful Death Actions:
- Automobile Accidents
- Medical Negligence/Malpractice
- Drug Interaction
- Aviation Accidents
- Boating Accidents
- Nursing Home Negligence
If a friend or family member has been killed by the negligence of another call our office and we will help you determine if there is a wrongful death case.
Death from an automobile accident can be very stressful for family members because of the sudden shock. There is no time to say goodbye and the grief can be overwhelming. Automobile accident deaths are very common all around the country and many are related to DUI (Driving Under the Influence) deaths.
If you or a loved one needs a Charleston wrongful death attorney or a Myrtle Beach wrongful death attorney or a Miami Wrongful death attorney please call our office at 1-800-95-TRIAL.
Wrongful Death Laws ( May change from year to year):
1. Alabama: Ala. Code §§ 6-2-38 and 6-5-410 (1993). A wrongful death action must be brought within two years after the decedent's death.
2. Alaska: AS 09.55.580.The action shall be commenced within two years after the death, and the damages therein shall be the damages the court or jury may consider fair and just.
3. Arizona: A wrongful death action must be filed within two years of the date of death.
4. Arkansas: A wrongful death action must be filed within three years of the date of death.
5. California: In most cases, a wrongful death action must be filed within two years of the date of death; however, the action must be filed within one year from the date of death if it is related to the exposure of asbestos.
6. Colorado: In most cases, a wrongful death action must be filed within two years of the date of death; however, if the death resulted out of the use or operation of a motor vehicle, the action must be filed within three years of the date of death.
7. Connecticut: A wrongful death action must be filed within two years of the date of death. In no event can suit be filed more than five years from the date of the act or omission complained of.
8. Delaware: A cause of action for wrongful death accrues on the date of death and must be brought within two years of that date.
9. Florida: A wrongful death action must be filed within two years of the date of death.
10. Georgia: A cause of action for wrongful death accrues on the date of death and must be brought within two years of that date.
11. Hawaii: A wrongful death action must be filed within two years of the date of death.
12. Idaho: A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.
13. Illinois: A wrongful death action must be filed within two years of the date of death.
14. Indiana: A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.
15. Iowa: A wrongful death action must be filed within two years of the date of death.
16. Kansas: A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.
17. Kentucky: A wrongful death action must be filed within one year of the date of death.
18. Louisiana: A cause of action for wrongful death accrues on the date of death and must be filed within one year of that date.
19. Maine: A wrongful death action must be filed within two years of the date of death.
20. Maryland: A wrongful death action must be filed within three years of the date of death. In cases where the action is based on exposure to any toxic substance in the person’s workplace and contracted by the person in the course of employment, however, suit must be filed within ten years of the date of death or within three years of the date when the cause of death was discovered, whichever time period is shorter.
21. Massachusetts: A wrongful death action must be filed within three years of the date of death or within three years of the date the deceased’s executor or administrator knew, or should have known, the factual basis for the cause of action.
22. Michigan: A wrongful death action accrues on the date of death and must be filed within three years of that date.
23. Minnesota: A wrongful death action based on negligence must be filed within three years of the date of death.
24. Mississippi: A wrongful death action based on a negligence must be filed within three years of the date of death. In cases where the claim arose from an intentional tort, such as assault and battery, suit must be filed within one year of the date of death.
25. Missouri: A cause of action for wrongful death accrues on the date of death and must be filed within three years of that date.
26. Montana: A wrongful death action must be filed within three years of the date of death.
27. Nebraska: A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.
28. Nevada: A wrongful death action must be filed within two years of the date of death.
29. New Hampshire: A wrongful death action must be filed within three years of the date of death.
30. New Jersey: A cause of action for wrongful death accrues on the date of death and must be filed within two years.
31. New Mexico: A wrongful death action must be brought within three years of the date of death.
32. New York: A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.
33. North Carolina: A wrongful death action must be brought within two years of the date of death.
34. North Dakota: A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.
35. Ohio: A wrongful death action must be filed within two years of the date of death.
36. Oklahoma: A wrongful death action must be filed within two years of the date of death. This statute of limitations is tolled in favor of minors.
37. Oregon: A cause of action for wrongful death must be filed within three years after the injury causing the death is or should have been discovered. In no event can a wrongful death action be filed more than three years after the date of death.
38. Pennsylvania: A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.
39. Rhode Island: A wrongful death action must be filed within three years of the date of death.
40. South Carolina: A cause of action for wrongful death accrues on the date of death and must be filed within three years of that date.
41. South Dakota: Except in cases of medical malpractice, wrongful death actions must be filed within in three years of the date of death. In cases where the action is based upon medical malpractice, suit must be filed within two years of the date of death.
42. Tennessee: A wrongful death action must be filed within one year of the date of death.
43. Texas: A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.
44. Utah: A wrongful death action must be filed within two years of the date of death.
45. Vermont: A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.
46. Virginia: A wrongful death action must be filed within two years of the date of death.
47. Washington: A cause of action for wrongful death accrues on the date of death and must be filed within three years of that date.
48. West Virginia: A wrongful death action must be filed within two years of the date of death.
49. Wisconsin: A cause of action for wrongful death accrues on the date of death and must be filed within three years of that date.
50. Wyoming: A wrongful death action must be filed within two years of the date of death.
Call our office for a wrongful death attorney in Myrtle Beach, North Myrtle Beach, Charleston, Florence, Surfside, Murrells Inlet, Georgetown, Conway, Longs, Loris, Columbia, Greenville, Aiken, Hilton Head, Beaufort, Dillon, Bennettsville, Chesterfield, Marion, Lexington, Miami, Miami Beach, Valdosta, Tifton, Jacksonville, Palm Beach, Daytona.