Delays in Cases of Wrongful Death in Hampton, VA can be Costly

Wrongful death in Hampton, VA, occurs if someone passes away due to another person’s preventable actions. Such actions can be reckless, negligent or deliberate, and family members can file a civil suit to gain compensation for the financial and emotional impact of the person’s death. If a family believes their loved one has died wrongfully, they should get help from a wrongful death attorney as soon as possible.

The Statute of Limitations in Wrongful Death Cases

Every jurisdiction has a statute of limitations on various kinds of lawsuits. Time limits on wrongful death claims are typically one to three years. If a suit is not filed within that time, the family may not recover damages. However, the countdown does not always start with a person’s death. In some cases, new information can reset the clock. The following are some situations in which this can happen:

* A death is ruled to have a natural cause, but malpractice is discovered years later.
* Concealment of information on the cause of the death.
* Use of a product that was later found to be defective.

In these instances, the clock can start ticking as soon as the information is discovered, but jurisdictional rules may vary. The statute may depend on the defendant. For instance, naming the city as a defendant in a wrongful death in Hampton, VA, may cut the statute of limitations in half.

Deaths Occurring Years after Injury

When someone survives a serious injury only to pass away from injury-related complications years later, the family may not be able to file a wrongful death suit. Because the person lived for so long after the accident, it falls under the statute of limitations. The delayed death does not restart the clock or turn a case into a wrongful death action, and survivors cannot receive damages.

If a person believes that a relative has died due to someone else’s deliberate or negligent actions, it is vital that they consult a wrongful death lawyer as soon as they can. A lawyer with will take the time to assemble a solid case, and most attorneys will not take cases that only have a short time until the statute of limitations ends. Click here for more details about the issues of wrongful death in Hampton, VA.


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