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What is the Time Limit for Filing a Wrongful Death Lawsuit

Learn about the statute of limitations for wrongful death lawsuits in New Jersey and the exceptions to the time limit. Cal 908-378-9126 for a free consultation<br>

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What is the Time Limit for Filing a Wrongful Death Lawsuit

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  1. What is The Time Limit to File a Wrongful Death Claim Beninato & Matrafaljo

  2. DMLAWYER.COM BENINATO & MATRAFALJO Losing a loved one due to the negligence of someone else is always a tragic and heartbreaking situation. In addition to causing immense emotional pain, an untimely death can leave a family with overwhelming financial burdens, including funeral costs, unpaid medical expenses, and loss of income and insurance.

  3. DMLAWYER.COM BENINATO & MATRAFALJO How Long Do I have file The time limit, known as a statute of limitations, for filing a wrongful death lawsuit varies from state to state. In many states, a spouse, child, or parent of the deceased must file their wrongful death lawsuit within two years of the victim’s passing. There are, however, a few exceptions:

  4. DMLAWYER.COM BENINATO & MATRAFALJO Understanding the Concept The Discovery Rule Minors – Extensions – 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. 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. 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.

  5. DMLAWYER.COM BENINATO & MATRAFALJO Are You Entitled to File a Wrongful Death Claim? The Law Offices of Beninato & Matrafaljo has extensive experience representing clients who have lost loved ones. Contact our New Jersey Wrongfull Death Lawyer. To schedule an appointment follow the link below WWW.DMLAWYER.COM

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