HOW LONGDO I HAVETO FILE?

Beninato & Matrafajlo Law firm

The time limit, known as astatute of limitations, forfiling a wrongful death

lawsuit varies from stateto state. In many states, aspouse, child, or parent of

the deceased must filetheir wrongful death

lawsuit within two years ofthe victim’s passing. There

are, however, a fewexceptions:

The Discovery Rule

The clock doesn’t begin on the statute of limitations until the party bringing

suit discovers, or with reasonable diligence should have discovered, the

victim’s passing. Moreover, if the victim was killed because of negligence that

was uncovered only after the statute of limitations lapsed, the family may still

be eligible to file suit.

Minors

Children under the age of 18 are not allowed to bring a case to court.

However, if the victim’s child was a minor at the time the death occurred, they

may be allowed to file a wrongful death lawsuit within two years after their

18th birthday, even if the original statute of limitations has expired.

Extensions

Statutes of limitations are taken very seriously by courts; therefore, it is

uncommon for them to be disregarded by a judge. There are some instances,

though, when a lawyer can successfully appeal to have them set aside, in

what is known as a motion to toll the statute of limitations. The most common

exception is when another party is responsible for ongoing delays in the case.

If your family has suffered a wrongful death, you don’t have to seek

compensation alone. Our NJ Wrongful Death Attorney at Beninato &

Matrafajlo Law firm are prepared to take on your case. Contact us today

for a free consultation.

Discuss Your Legal Rightswith

NJ Wrongful Death Attorney

www.dmlawyer.com | 908-378-8471

Schedule YourFreeConsultationWith our legal team

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