The Statute of Limitations in Wrongful Death Cases

Sep 30, 2016 @ 05:34 PM — by dtaw

People in mourning after the loss of a loved oneThe Tawwater Law Firm, PLLC always fight for the people of Oklahoma. No matter who a legal claim is aimed at, our team will not be intimidated or shaken in our quest for justice. Our clients are our first priority.

When it comes to wrongful death lawsuits, our lawyers can offer peace of mind during a difficult time. Yet it's important that legal claims be filed within the statute of limitations. Let's take a moment to discuss these matters right now.

What is a Statute of Limitations?

A statute of limitations refers to a time limit for filing a legal case. A person is only permitted to file a legal claim within this set amount of time. The vast majority of cases have a statute of limitations of a year to a few years. There are only a handful of cases that do not have a statute of limitations, though these are serious felonies and capital crimes such as murder.

Why is a Statute of Limitations in Place?

While it may not seem fair that a statute of limitations in place, in fact, a statute of limitations is in place to help ensure fairness. By setting a timeframe on when a legal claim can be filed, this helps ensure that evidence is accurate and not affected by time. Similarly, a statute of limitations helps prevent issues with memory with regard to witness testimony and recollection.

This is also why only very grave crimes do not have a statute of limitations in place.

The Statute of Limitations on Wrongful Death in Oklahoma

For fatal accidents and incidents in which the death was the result of the wrongful death of another, the statute of limitations is two years from the date of a person's death. This legal claim may be filed by a personal representative of the deceased person's estate. In many cases this means a spouse, a child, a parent, or possibly siblings.

Can I File a Lawsuit After the Statute of Limitations Has Passed?

No.

Once the statute of limitations has passed, you will not be able to file a legal claim. This is why it's important to get the legal process going as soon as possible. Thankfully two years is a fair amount of time to initiate legal action.

Are There Exceptions to the Statute of Limitations?

There are very rare exceptions to the statute of limitations. The circumstances of the case may be unique enough that a legal claim may still be possible after the statute of limitations has passed. However, we must stress again that exceptions are very rare.

It's better to be safe than sorry when it comes to legal actions. Rather than risk missing the window to file a lawsuit, it's important that you reach out to an attorney and discuss your legal options as soon as possible.

How a Wrongful Death Attorney Can Help You

Our attorneys understand that the loss of a loved one can be an emotionally devastating time. Initiating a legal claim may be the last thing on your mind. Yet that's why working with lawyers is helpful. While you and your loved ones mourn your loss, a lawyer can set the wheels of action in motion. We will offer sound counsel through every step of the case, providing peace of mind during the legal process. We are here for you, to offer sound advice and insight from our years in legal practice.

Speak with an Experienced Wrongful Death Attorneys

To learn more about wrongful death lawsuits and what you legal rights and options are in these kinds of cases, be sure to contact our team of fatal injury and wrongful death attorneys today. The lawyers at Tawwater Law Firm, PLLC are here to help you.

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