Losing a loved one is always painful. But when that loss is caused by someone else’s negligence or wrongful act, the grief is compounded by a sense of injustice. In these tragic situations, filing a wrongful death lawsuit can provide a path to holding the responsible party accountable and securing the financial support the survivors need to carry on. However, it is critical to be aware of the time limits for taking legal action.
At Altman Nussbaum Shunnarah, we understand the profound impact of wrongful death on families, and we are committed to guiding our clients through this difficult time with compassion and expertise. One of the most important things we help families understand is the statute of limitations for filing a wrongful death case in Cambridge.
Understanding the Statute of Limitations
A statute of limitations is a law that sets a deadline for initiating legal proceedings. The purpose is to ensure that lawsuits are brought within a reasonable time period while evidence is available and memories are fresh.
In Massachusetts, the statute of limitations for wrongful death lawsuits is generally three years from the date of death. This means that if you want to bring a wrongful death claim in Cambridge, you must file the lawsuit within three years of your loved one’s passing. The court will likely refuse to hear your case regardless of its merits if you miss the deadline.
When the Clock Starts Ticking
While the three-year rule may seem straightforward, there are some aspects to keep in mind. The clock starts ticking on the date of death, not the date of the accident or incident that ultimately led to the death.
For instance, if your loved one was involved in a car crash and passed away two weeks later from their injuries, the three-year countdown would begin on the date of death, not the date of the crash. This distinction is important as it can significantly impact your timeline for taking legal action.
The Discovery Rule Exception
There are some limited exceptions to the general three-year statute of limitations. One such exception is known as the “discovery rule.” This rule applies in situations where the cause of death is not immediately apparent.
Under the discovery rule, the three-year clock doesn’t start until the cause of death is discovered or reasonably should have been discovered. This may come into play in cases involving medical malpractice where the link between a medical error and a patient’s death may not be clear until an autopsy or further investigation.
However, it is important to note that the discovery rule is not an open-ended extension. Once the cause of death is or should have been discovered, the three-year countdown begins.
Exceptions for Minor Children
Another exception to the standard statute of limitations applies when the deceased’s children are minors. In Massachusetts, if the deceased is survived by minor children, the statute of limitations is tolled (paused) until the youngest child reaches 18.
This means that the three-year clock does not start ticking until the youngest surviving child turns 18. However, even with this exception, it is still advisable to consult with a wrongful death attorney as soon as possible to ensure your rights are protected.
The Importance of Acting Promptly
While three years may seem like a long time, it is crucial to act promptly when considering a wrongful death lawsuit. Building a strong case takes time, and key evidence can disappear or degrade if too much time passes.
Witnesses’ memories can fade, surveillance footage might be erased, and important documents could be lost or destroyed. The sooner you involve an experienced wrongful death attorney, the better your chances of gathering the evidence needed to build a compelling case.
Moreover, starting the process early allows your attorney more time to negotiate with insurance companies and potentially reach a settlement without the need for a lengthy trial. However, if a fair settlement cannot be reached, your attorney will need time to prepare for court proceedings.
Get in Touch with Us as Soon as Possible
If you have lost a loved one due to someone else’s negligence or wrongdoing in Cambridge, we are here to help. Our compassionate and knowledgeable wrongful death attorneys will guide you through every step of the legal process, ensuring your rights are protected and fighting tirelessly for the compensation you deserve.
We encourage you to contact us as soon as possible to discuss your case. Remember, you have limited time to take legal action, and the sooner you involve an attorney, the better equipped you will be to navigate this challenging time.
