QUESTION
What would be the Statute of Limitations for a death from an on the job accident?
Asked on May 05th, 2015 on Labor and Employment - Michigan
More details to this question:
My father was was killed in an accident on the job several years ago. Our family suspects we may have a case against his employer, but we are afraid it has been too long. Whats the time frame for a lawsuit?
12 ANSWERS
Already asked and answered.
Answered on May 06th, 2015 at 3:13 AM
In Wisconsin, the statute of limitations for a wrongful death claim is typically 3 years. However, a worker's compensation claim might be longer. Your Family should immediately contact an attorney.
Answered on May 06th, 2015 at 2:00 AM
Ronald A. Steinberg
In Michigan, you have two years.
Answered on May 06th, 2015 at 1:59 AM
Thomas Edward Gates
You have 3 years from the time of the injury.
Answered on May 05th, 2015 at 5:07 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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This question is a lot more complicated than it sounds. The only action available against the employer is worker's comp, and they do have a death benefit. But, depending on what kind of accident, e.g. a car crash involving someone else, or a construction-site accident, there could be other causes of action, as short as one year or as long as three, and it's possible there could be an extension depending on when there was an executor appointed. You should have a personal consultation with an experienced lawyer in your locality. Most consultations are free, but even if not, it's worth a couple hundred bucks to find out.
Answered on May 05th, 2015 at 4:39 PM
You do not state if you are in GA or not, so I can not give you an answer. Deaths on the job are covered by Workers Compensation. I suggest you ask an attorney that handles w.comp cases. they would jump at a chance to give you free advice, and, if you have a good case, accept the case on a pay when you win basis. Such fees are usually paid by the employer. There may also be a way that the attorney can hold another party liable, in addition to the workers comp benefits. The limitations can be as short as 2 years, depending on the state, so go see that W.Comp attorney now.
Answered on May 05th, 2015 at 4:38 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Why on earth did your family wait this long? The general Wisconsin statute of limitations for negligently-caused personal injury is three years from the event. (There are exceptions and details.) This includes action based on a wrongful death. I am sorry for your loss. Good Luck. Incidentally, it's worth consulting an experienced personal injury lawyer: they may be aware of some ways around a statute of limitations, and can explore all the possibilities with you.
Answered on May 05th, 2015 at 4:35 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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If he was killed while working, a worker's compensation claim should have been filed. If the employer had a policy, then the employer is virtually immune from any other kind of lawsuit, even if the work place was unsafe and the decedent was told to do something that was risky. Call an experienced work comp attorney if there are other facts, like someone other than a coworker or the employer caused the death.
Answered on May 05th, 2015 at 3:56 PM
Personal Injury Attorney serving Irvine, CA
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Three years from the date of death, if the accident was in Missouri. You need to contact an experienced Missouri wrongful death attorney immediately.
Answered on May 05th, 2015 at 3:49 PM
James Eugene Hasser
In Alabama, it is 2 years from the date of death. However, there may be ways around that. Consult an experienced wrongful death lawyer. Good luck.
Answered on May 05th, 2015 at 3:24 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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The normal time limit for a work injury in Illinois is three years. It would be helpful to have more information about the case to be more precise.
Answered on May 05th, 2015 at 3:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Too little detail to even guess. Call an attorney NOW. Once the statue has run you will not be able to recover.
Answered on May 05th, 2015 at 3:19 PM