How Do the Statute of Limitations and the Discovery Rule Affect Wrongful Death Actions?
For most wrongful death cases, a state’s wrongful death statute sets out a simple time limit for taking legal action. The matter is more complicated, however, when it comes to injuries that call the discovery rule into play. Sometimes, when a loved one suffers an injury, the injury may not become known for months or years after it occurs — perhaps not until it causes death. Other times, the cause of a wrongful death itself is not reasonably discovered until months or years later. If an injury directly contributed to a death, the statute of limitations may begin at the time of injury or at the time of reasonable discovery. This could mean that the statute of limitations starts to run — and may even run out — before the death. This can occur, in particular, in products liability cases involving injuries caused by defective or dangerous products.
