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August 31, 2007, Newsletter Issue #67: Statute of Limitations and Wrongful Death Cases
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Tip of the Week
As in all civil matters, there are statutes of limitations on wrongful death lawsuits. This means that there is a predetermined amount of time (which varies from state to state) that the relatives of the deceased have to file the wrongful death claim. Usually, the claim must be filed within this period which starts when a family member "discovers" that the death was one which could be considered under a wrongful death claim. There are times, however, when a wrongful death claims statute of limitations may be shortened. If the wrongful death occurred as the result of a personal injury, and the decedent did not file a claim for personal injury within the statute of limitations, the claim may be seen to have "died with the decedent".
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