Losing a loved one is never easy. When that loss is caused by someone else’s irresponsible actions, the pain cuts even deeper. While nothing can bring back your family member, you may be entitled to file a wrongful death claim to seek justice and compensation. But it’s crucial to be aware that you only have a limited time to take legal action. This time limit is known as the statute of limitations. At Wrongful Death Lawyer, our Care Team will take you through the wrongful death claims process; all you need to do is contact our offices.
Understanding the Statute of Limitations
In simple terms, a statute of limitations is a law that sets a deadline for filing a lawsuit. Think of it as a legal clock that starts ticking the moment your loved one passes away. The statute of limitations varies depending on the state and the type of case. Once the clock runs out, you generally lose your right to file a wrongful death claim in court. That’s why it’s so important to act promptly.
What Is the Statute of Limitations on a Wrongful Death Lawsuit in Arizona and South Carolina?
Let’s take a closer look at the laws in Arizona and South Carolina:
Arizona
So, what is the statute of limitations for wrongful death in Arizona?
The statute of limitations for cases involving wrongful death in Arizona is two years from the date the victim passed on. This means if your family member passed away on January 1, 2023, you would typically have until January 1, 2025, to file a lawsuit. A few exceptions could extend this deadline, but they are relatively rare. It’s best to speak with a knowledgeable professional soon after the death to understand your rights and options.
South Carolina
So, what is the statute of limitations on wrongful death in South Carolina?
South Carolina also has a two-year statute of limitations for wrongful death cases in most situations.
So, just like in Arizona, the general rule is that you have two years from the date of death to take legal action. However, certain factors could impact this timeline. The smartest move is to reach out to our Care Team as soon as possible so we can listen to your story and provide personalized guidance.
What Happens if You Miss the Deadline?
Let’s say more than two years have passed since your loved one’s death. You try to file a wrongful death lawsuit. In most cases, the court will dismiss your case entirely. The defendant (the person or entity you’re trying to sue) will point out that the statute of limitations has expired. And just like that, your case will likely be thrown out before it begins.
This is a devastating outcome, especially when you’re already coping with grief and loss. It may feel like a door slamming shut in your face. That’s why it’s critical to be aware of the statute of limitations and take action before time runs out. You don’t want to add the pain of a missed deadline to an already tragic situation.
Are There Any Exceptions to the Statute of Limitations?
In certain rare circumstances, the statute of limitations may be extended beyond the standard two years in Arizona and South Carolina. This is sometimes referred to as “tolling” the statute. Here are a couple of examples of when extra time might be granted:
- The defendant left the state for a significant period after the death, making it impossible to serve them with a lawsuit.
- The fact that the death was caused by negligence or wrongful action was somehow concealed and only discovered later.
However, these exceptions are quite limited, and it’s risky to rely on them. The far better approach is to act as quickly as possible while evidence is fresh and witnesses can be located. Building a strong wrongful death case takes time, and waiting only makes it harder.
How Our Team Can Help
If you’re feeling overwhelmed by the legal process on top of your grief, know that you’re not alone.
Our compassionate Care Team is here to provide the information, resources, and support you need during this painful chapter. We can help you understand:
- What qualifies as wrongful death in Arizona or South Carolina
- Who is eligible to file a wrongful death claim
- What types of compensation may be available
- How to gather evidence to support your case
- The importance of acting before the statute of limitations expires
While we can’t erase your loss, we can guide you through this difficult process with expertise and genuine care. Helping families in their time of greatest need is our calling and privilege. Please reach out to us today with any questions about your specific situation.
Contact Us Today
Remember, time is of the essence when it comes to wrongful death claims. Don’t let the statute of limitations run out and block your path to justice before you even get started. If you suspect that negligence or wrongdoing played a role in your family member’s death, start exploring your legal options now. Our dedicated Care Team is here to light the way forward, one compassionate step at a time. Contact us today!