This is an advertisement.

FLORENCE KENTUCKY LEGAL BLOG

Photo of the attorneys at Monohan and Monohan

COVID-19 UPDATE: To protect your safety and the safety of our staff, we are offering our clients the ability to connect via telephone, video conference, or in person as usual. To discuss your options, please call the office.

When should I file for wrongful death?

On Behalf of | Aug 26, 2022 | Wrongful Death

In the aftermath of a loved one’s sudden death, you probably will not be thinking about filing a lawsuit. It may be way down on the list of things you need to do.

Still, if the death was the result of someone else’s negligence, you may want to consider filing a wrongful death lawsuit. But be aware that you need to do it sooner rather than later or else you may miss your chance.

Time is of the essence

One word of caution about filing this type of lawsuit is that you are under a time limit. The clock begins when your loved one dies. The statute of limitations or time limit for filing is two years. You must get your case into court before the two years are up.

Failing to get to court

If you fail to get your case in court before the end of the statute of limitations, you cannot sue. The court will look at your case and dismiss it. You lose all legal options available to you if you wait too long. There is nothing you can do once the time limit expires.

File soon

While it may not be something you think about right away, as soon as you have an idea that you may have a wrongful death claim, you need to get working on it. You want to seek help and gather evidence. Two years may seem like a long time, but it really goes by quickly, especially when you are dealing with all the other issues that come up after a sudden loss.