Randolph & Sampson, APC
Call us today for a free consultation
(800) RANDOLPH800-409-0191 Se Habla Español
Over 40 years of disciplined legal experience.

What if a wrongful death statute of limitations expires?

In wrongful death suits, there is a statute of limitations that governs how long after the death a claim can be pursued. If the statute of limitations has run out on your particular claim, there are still ways you can pursue justice for the loss of your loved one. To extend the time frame of the claim, you may either request that the court waive the limit, or request that the opposing part waive the limit, or use circumstances to toll the statute.

To have a court consider delaying the statute of limitations, the nature of your situation must meet extremely specific guidelines, which are state-specific. Because the situational criteria is usually quite specific, it is a long shot that your case will qualify, but it is certainly worth pursuing. It is also possible to request that the opposing party waive the statute, but this is unlikely to be done.

If the courts and opposing parties are unwilling to extend the timeframe, it may be possible to use special circumstances to suspend the statute. For instance, if the plaintiff is a minor, then the statute of limitations cannot begin to count down until the child is 18 years of age. In this way, a plaintiff could use their age to delay the timeframe.

Wrongful death suits are innately heartbreaking, and can be extremely draining to carry all by oneself. The guidance of a qualified attorney can help ensure that you are not overwhelmed with the burden of pursuing justice, and can get back to the hard work of healing from your loss.

Source: Randolph & Associates, "Wrongful Death," accessed Aug. 05, 2016

No Comments

Leave a comment
Comment Information

Need Help? Have a Legal Question? Contact us now for a free consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Awards & Associations

  • State Bar of California - California Board of Legal Specialization
  • Distinguished AV - LexisNexis Martindale-Hubbell - Peer Review Rated for ethical standards and legal ability - Donald C. Randolph 2004-2016
  • Super Lawyers Donald C. Randolph 2004-2016
  • Multi-Million Dollar Advocates Forum
  • Million Dollar Advocates Forum
  • Bar Register Preeminent Lawyers Donald C. Randolph 2004-2016
  • Consumer Attorneys of California
  • Consumer Attorneys Association of Low Angeles
  • The national trial lawyers | Top 100 trial lawyers

Santa Monica Office
1717 Fourth Street, 3rd Floor
Santa Monica, CA 90401

Toll Free: 800-409-0191
Santa Monica Law Office Map

Rancho Cucamonga Office
9431 Haven Avenue, Suite 100
Rancho Cucamonga, CA 91730

Toll Free: 800-409-0191
Rancho Cucamonga Law Office Map

Palm Desert Office
77711 Flora Road, Suite 101
Palm Desert, CA 92211

Toll Free: 800-409-0191
Palm Desert Office Location

Connect with our firm online: