In this Google Hangout personal injury lawyer John Kelly answers an online question on the statute of limitations relating to wrongful death cases. John Kelly is a personal injury lawyer located in Phoenix, Arizona. In this Google hangout he answers an Internet question about how compensation is calculated in wrongful death cases. For additional information on wrongful death lawsuits and your legal options please visit us at https://www.jkphoenixpersonalinjuryattorney.com/wrongful-death
Scott- We had a death in the extended family over a year ago due to an accident on a friends ranch. My aunt never wanted to hire an attorney because the owners of the ranch are friends. However, I plan on talking to her to see if she is willing to at least meet with an attorney. How long does the family have to pursue a case?
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– We’re with John Kelly. John is a personal injury attorney in Phoenix, Arizona and he’s agreed to answer an online question that was posted related to the statute of limitations on wrongful death cases. John, with that said let’s go in to the question. The question was by Scott. Scott says we had a death in the extended family over a year ago due to an accident on a friends ranch. My aunt never wanted to hire an attorney, because the owners of the ranch are friends, however, I plan on talking to her to see if she is willing to at least meet with an attorney. How long does the family have to pursue this case?
– Well Scott, has a pretty common question and there are some difficulties that people face in such a tragic event, and especially when it happens on a friends ranch, someone that they know well, that they have a existing relationship with. The important thing that they need to understand is that first off there’s many times that we’re able to settle a claim with insurance and we’re not even pursuing the person that they’re having to look at personally. They also need to know that statute of limitations is very important. Most states have two years from the date of the persons death. However, some states may have different statute of limitations and once that statute of limitations runs it’s gone, the wrongful death claim goes with it. So it’s very important to make sure that in this type of situation that you at least sit down with an attorney and figure out when the statute of limitations is. You can also just Google the statutes in the state that you’re in. So if you’re in Nebraska you can Google what is the statutes for wrongful death in Nebraska, what is the statute of limitations there? But it’s always good to double check with a lawyer. When pursuing a wrongful death claim you don’t want to wait until that statute runs or just before it, because then your forcing your attorney to actually file that lawsuit to preserve the claim. If you get right away to a lawyer to actually investigate the case, start talking to witnesses, getting the reports, the medical records, the police reports reviewing everything, finding out what insurance might be involved. They can often settle a claim before we ever have to get near the statute of limitations and actually have to file a lawsuit. So the family can avoid going through the process of litigation, you know, where you start getting into things like depositions, going to court hearings, possibly even the trial. So these are all things that most people when they’re grieving want to avoid and it’s, you know, understandable. So that’s why it’s very important for the statute of limitations, for the family to be aware of when it is and to make sure that they are talking to a lawyer before hand. I’m always happy to tell people, you know, what deadlines they’re up against in these kind of cases. Typically with a wrongful death case I’ll sit down with a family with no kind of pressure at all telling them what, you know, to expect through the process and to, you know, to what they need to get in place to make sure that they’re at least preserving the claim.
– All right, excellent. Well if you have any other questions for John, obviously you can reach out to him, but you can also, he’s agreed to answer online questions. So hopefully that answered your question Scott, and if you have a question for John just post it in the comment section below and he’s agreed to get back to you with questions. Thanks John.
– Thank you Ryan.
personal injury case law