QUESTION
Is there a personal injury Statute of Limitations on wrongful death?
Asked on Jul 14th, 2015 on Personal Injury - Alabama
More details to this question:
In 2005, I gave birth to my baby died prematurely and he died a few hours later. I was only 27 weeks pregnant. He had been born with a defect that I did not know about. Also I did not know is that at my 16-week ultrasound, the doctors could not identify my baby's stomach and bladder. I didn't find this out until after his birth and had to get the records myself.
8 ANSWERS
1 Award
The statute of limitations in Wisconsin for your case expired three years from the date of your baby's death.
Answered on Jul 15th, 2015 at 1:09 AM
I am sorry you lost your child. It seems to me that any claim you would have for something that occurred ten years ago is barred, but you should see some local personal injury attorneys who do medical malpractice cases to be sure so you have peace of mind. I also do not see what basis you have for a wrongful death suit as what were the medical providers supposed to do if your baby was missing vital organs?
Answered on Jul 14th, 2015 at 6:27 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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3 yrs. You are too late to bring a claim in Montana.
Answered on Jul 14th, 2015 at 6:23 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I am very sorry for what you had to go through. Each state has its own statute of limitations, but in most cases if the basis of the complaint is negligence which is what this seems to be it is three years. Sometimes this can be extended to five years. Why did you wait this long to consult a lawyer? In any case, you might want to consult a skilled personal injury lawyer in your area: he or she may have ways of getting around the statute. Good Luck.
Answered on Jul 14th, 2015 at 2:38 PM
Thomas Edward Gates
There was no wrongful death. The baby was not viable.
Answered on Jul 14th, 2015 at 2:36 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You have not stated anything that would constitute a wrongful death action.
Answered on Jul 14th, 2015 at 1:54 PM
James Eugene Hasser
It is 2 years . Sorry. Good luck.
Answered on Jul 14th, 2015 at 1:30 PM
Ronald A. Steinberg
I am sure that the Statute of Limitations passed a long time ago. In Michigan, you have 2 years from the date on which the malpractice occurred, or within 6 months of when it was discovered or reasonably should have been discovered. In your case, there was no malpractice. The baby had one or more defects, whether or not you knew about them, and any one alone could have resulted in the death even without the premature birth. There are alot of "spontaneous miscarriages" that occur within the first trimester, and although the number drops in later months, the number is never zero.
Answered on Jul 14th, 2015 at 1:30 PM