Can we file a personal injury lawsuit for wrongful death years later?

Question

My sister was killed in August 2008. The person's insurance company paid the insurance policy limited amount within a few months, which was not that much. The case went to trial in 2009, the person got off with no jail or probation time. Now a friend tells the family that we should have filed a civil suit. What is the statute of limitation, and can we file a civil suit now and to what extent?

Mark Sternlicht · Answer

There is a two-year statute of limitations for wrongful death claims. There may also been a release signed when the insurance company paid its money, and, even if the statute of limitations had not passed, a release might also be raised as a possible defense to the claim.

Theodore W. Robinson · Answer

I believe the statute of limitations for wrongful death is one year from the  incident, it is three years for negligence claims. Speak to a civil negligence  lawyer right away, just to check on the matter. Good luck.

Bradley I. Kramer · Answer

My guess is that the insurance company paid the policy pursuant to a settlement  agreement where you released all your claims against the policy holder.  If not,  then you may still have a claim.  If you call my office, I'd be happy to discuss  this matter further.

James Kelaher · Answer

It is too late to file a wrongful death claim in Florida;  the statute of limitations for wrongful death is two years from the date of the death.

Thomas Patton · Answer

Every jurisdiction has time limits on actions called statutes of limitation. You may still have time to file a civil suit if the time limit in your state has not expired. For example, in the two states where I am licensed, you still have time in Washington, but not in Oregon. You should consult with an attorney licensed in the state where you live.   T

Earl Straight · Answer

The basic statute of limitations for a personal injury claim, including wrongful death, in Texas is 2 years.  The time period would begin to run at the time of death.  You also mentioned the other party's insurance company paid their policy limits.  Normally, an insurance company would require a release to be signed before making such a payment.  The purpose of the release is to bar any further legal action against the insured.  Therefore, based on the facts you have presented, you may have two major obstacles to filing a wrongful death claim.

Travis Prestwich · Answer

The time limits for a wrongful death claim in Oregon is three years. There are some limited exceptions.  If you have settled with the person's insurance company, you probably do not have a claim against the at-fault party.  You may have a claim against your sister's insurance but that may have been cut-off when you settled with the at-fault party's insurance company.  You should speak to a lawyer to discuss the details.

Francis Paul Hajek · Answer

Wrongful death statute of limitations differ from state to state.  In Virginia, there is even an extension of the statute of limitations depending on factors involving the estate and appointment of an administrator.  In this case, the statute may have expired or could be close to expiring based on the date of the accident.  You should consult with an experienced injury lawyer in the area where your sister resided as soon as possible.

Timothy Klisz · Answer

If the insurance company paid off "policy limits" that case is over.  You would have signed a release to get that policy money.  If I'm missing something, please call me or visit me at my website to discuss.

Joshua Shulman · Answer

This is a complicated question that's tough to answer fully without more information.  In Oregon, the normal statute of limitations for a civil suit over a wrongful death is 3 years.  Which gives you a couple months, still, but you should RUSH.  You are very last minute already.  You should also know, though, that if the insurance company already paid its policy limit, they probably had the estate sign a Release so that you cannot sue the person now.  And what's more, you cannot get more than the policy limit from an insurance company.  The question for me would be:  was anyone else (who has not been Released) responsible?  That's my off the cuff answer.  But please be aware that I cannot give you a true and specific answer without talking with you and getting a lot more information.  Feel free to call.  No charge.

Vincent Bernabei · Answer

I am sorry to hear about your sister's death.  It is possible, depending on the age of you sister when she died.  If she was a minor under the age of 18, then yes, it is possible to file a lawsuit but you must act immediately.

New User · Answer

The time period in Washington is three years. If the insurer paid the limits you would have signed a release,which would preclude another claim.

David Stoddard · Answer

Depending on what month the event happened in 2008, you need to work fast. The statute of limitations is three years, meaning the case must be filed by whatever month and day in 2011 the accident happened in 2008.  If it is too late, do not despair, when the insurance paid its limits, whoever settled the case probably signed a release waiving any right to sue.  The insurance company would not have paid without this.  Furthermore, in most cases, the insurance money is all you get even if you file suit.  This is because most defendants do not have assets from which to collect a judgment.

Lawrence Ramunno · Answer

Each State may be different. You need to discuss with an attorney in your State.

Paul Bovarnick · Answer

The statute of limitations for wrongful death varies from state to state, and is usually 2 or three years.  You should consult a personal injury lawyer in your state as soon as possible.

William Allen · Answer

2 years in Florida for wrongful death.

Paul Whitfield · Answer

2 years. If you were paid policy limits you probably signed a full release when that money was paid.

Steven Fink · Answer

Sorry for your loss.  There is a 2-year statute of limitations for personal injury.  This means that case had to have been filed by July 2010.  Usually the payment by the insurance company would have had a release of all claims against their insured so that you could not sue the other person anyway.

Daniel Hoarfrost · Answer

The wrongful death statute is 3 years, so you can file a civil suit until Aug. 2011. If the only insurance involved already paid out, there's not much point to filing it unless the defendant has substantial personal assets.

Eric Rothstein · Answer

Statute of limitations for wrongful death is 2 years; 3 years for negligence but who do propose to sue? If the person's insurance company paid a settlement, the administrator of the estate would have signed a general release prohibiting a law suit. Is there someone else to sue?

Lyle Masnikoff · Answer

Statute of limitations is 4 years.  Call personal injury attorney but you may have received everything from policy already.

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