The statute of limitations is the time limit that applies to most civil suits, including wrongful death actions. Failing to comply with it can bring your case to a sudden and disappointing end.
The Reno wrongful death statute of limitations typically expires after two years, and there is more to consider when filing an action in a reasonable amount of time. A dedicated wrongful death attorney could help you navigate this important legal deadline.
Survivors generally have two years from the date of a person’s passing to file a wrongful death action. This deadline might not correspond with the second anniversary of a fatal accident. When a person lives for additional days or weeks, the statutory period does not begin counting down until their passing.
Complying with the statute is crucial for a plaintiff. Any lawsuit filed after the time limit expires is likely to be dismissed with prejudice by the court. A dismissal with prejudice means the plaintiff can never refile the case, no matter how strong the evidence of negligence might be.
Given what is at stake, it is a good idea to work with an attorney in Reno to ensure compliance with the statute of limitations after a wrongful death. A lawyer can calculate the exact deadline date and work quickly to file the case on time.
The statute of limitations in Reno wrongful death cases serves several purposes. Its primary goal is to protect a defendant from being forced to litigate a years-old claim. Without the statute, a plaintiff could quietly build a strong negligence case and then wait to file the lawsuit once it is impractical for the defendant to build their own case. Witnesses forget over time, and other evidence is lost. For that reason, plaintiffs may not bring a claim years in the future.
Another important consideration is efficiency within the courthouse. Attaching a legal deadline to each case prevents several lawsuits from unexpectedly bottling up and being filed at the same time. These efforts allow judges to better manage their caseload.
You have plenty to think about when considering a wrongful death action. One of the top concerns in your case should be the statute of limitations. If you fail to comply with this important legal deadline, your chances of securing justice for your lost loved one could be gone. Reach out to learn more about the Reno wrongful death statute of limitations today.