When personal injury or wrongful death is caused by the reckless or careless actions of another, a negligence action may allow those affected to recover damages. However, plaintiffs (those who were wronged) need to pay careful attention to the statute of limitations in their case. That means knowing exactly what kind of case they have, who the defendant is and when the cause of action occurred.
A good wrongful death attorney can help you navigate this complex field of law to ascertain what your rights are and when you must act. Failure to take action within the allotted time will result in total forfeiture of the claim. A plaintiff might have the strongest case ever, but if it isn’t timely filed, it will be forever barred.
A recent case out of Alaska had this unfortunate outcome, illustrating why it’s so important to seek prompt legal assistance with your case. Alaska, like Florida has strict limitations when it comes to when a personal injury or wrongful death claim can be filed. In Florida, F.S. 95.11 prohibits any personal injury lawsuit from being filed after four years of the cause of action (time of injury) or two years for any wrongful death action. Alaska also has a two-year statute of limitations on wrongful death cases. The time limit varies from state-to-state. Continue reading →