Call Us atSuddenly losing a loved one through a fatal accident or criminal act can make time feel like it is standing still or, alternatively, like it is moving much faster than it should. Either way, acting promptly to do anything after such an immense loss can be understandably difficult. At the same time, you may have to take action quickly after suffering this sort of loss if you want to enforce your right to pursue civil restitution for damages you sustained because of your loved one’s wrongful death.
The Anchorage wrongful death statute of limitations sets a strict filing deadline for cases of this nature with virtually no exceptions and extremely little leeway given to people who overstep it. If you want to build a strong claim and maximize your chance of fair recovery under circumstances like this, you should make it a priority to seek help from a knowledgeable wrongful death attorney with experience successfully pursuing cases like yours in the past.
What Is the Statute of Limitations for Wrongful Death?
In addition to establishing various other rules and restrictions for wrongful death litigation, Alaska Statutes § 09.55.580 also serves as the statute of limitations for Anchorage wrongful death claims. Individuals with standing to file suit over someone else’s wrongful death have a maximum of two years to do so, after which they will be barred from ever seeking civil compensation for that particular death.
This two-year filing period begins on the date of the deceased person’s death rather than the date of the deceased person’s injury. This is a notable change from how this sort of deadline is handled in most other types of personal injury claims, and it may afford a family more time than they might expect to formally start the legal process.
Possible Exceptions to Statutory Filing Deadlines
There are no set-in-stone exceptions to the statute of limitations for wrongful death claims in Anchorage, regardless of how the death occurred or who specifically was impacted by it. However, there are certain circumstances under which the beginning of the two-year filing period may be tolled, or paused, until certain things happen. This could give a family grieving the loss of their loved one a bit more time to prepare for civil litigation.
For example, if the only person with standing to recover compensation through a wrongful death claim is a minor, the two-year clock for filing suit may not officially start until the minor turns 18, although it may be more likely in practice for the court to appoint someone as personal representative to file suit on the decedent’s behalf. The court may also allow for the statutory filing period to be tolled if the defendant at fault for the wrongful death hid their role in the death through illegal fraud.
An Anchorage Attorney Can Further Explain the Wrongful Death Statute of Limitations
The idea of putting a hard deadline on seeking financial recovery for the loss of a loved one may seem unfair. Unfortunately, failing to build and file a strong claim within the deadline may leave you with no means of obtaining restitution for your losses.
A capable and compassionate lawyer could help you understand and stay within the boundaries of the Anchorage wrongful death statute of limitations. Call today for a confidential consultation.
