What would be the Statute of Limitations for a death from an on the job accident? 17 Answers as of May 06, 2015

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?

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The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Generally, the statute of limitations for wrongful death is 5 years. Without more facts, I can?t comment further as to whether the matter may be pursuable. If 5 years hasn't passed yet, the matter should be discussed, in detail, to see if something can be pursued.
Answer Applies to: Michigan
Replied: 5/6/2015
Law Offices of George H. Shers | George H. Shers
Already asked and answered.
Answer Applies to: California
Replied: 5/6/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
In Michigan, you have two years.
Answer Applies to: Michigan
Replied: 5/6/2015
Fox & Fox, S.C. | Richard F. Rice
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.
Answer Applies to: Wisconsin
Replied: 5/6/2015
Boesen Law, LLC
Boesen Law, LLC | Joseph J. Fraser III
An on-the-job, or workers' compensation claim, must be filed within 2 years in Colorado unless it wasn't possible to know the connection until a later time. If it was a job accident, and the employer had workers' comp insurance, then the employer is not subject to a civil lawsuit. How is it that the death was several years ago on the job, but only now is there a suspicion against the employer. Wasn't there a comp claim years ago?
Answer Applies to: Colorado
Replied: 5/6/2015
    Gates' Law, PLLC | Thomas E. Gates
    You have 3 years from the time of the injury.
    Answer Applies to: Washington
    Replied: 5/5/2015
    WILLIAM L SANDERS, ATTORNEY AT LAW | William L. Sanders
    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.
    Answer Applies to: Georgia
    Replied: 5/5/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    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.
    Answer Applies to: New York
    Replied: 5/5/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    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.
    Answer Applies to: Wisconsin
    Replied: 5/5/2015
    Ty Wilson Law | Ty Wilson
    There are several details that need to be addressed. You should speak with a Georgia workers' compensation attorney immediately. Good luck.
    Answer Applies to: Georgia
    Replied: 5/5/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    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.
    Answer Applies to: Montana
    Replied: 5/5/2015
    Strouse Legal Services | James C. Strouse
    Usually for worker's compensation, it is two years. Since your Dad died, there may be another way to sue. Please contact a lawyer and get some direct advice. Good luck.
    Answer Applies to: Maryland
    Replied: 5/5/2015
    KEYL ADR Services, LLC | Mark D. Keyl
    3 years from date of death.
    Answer Applies to: Mississippi
    Replied: 5/5/2015
    The Medler Law Firm LLC | John Medler
    Three years from the date of death, if the accident was in Missouri. You need to contact an experienced Missouri wrongful death attorney immediately.
    Answer Applies to: Missouri
    Replied: 5/5/2015
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    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.
    Answer Applies to: Illinois
    Replied: 5/5/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Too little detail to even guess. Call an attorney NOW. Once the statue has run you will not be able to recover.
    Answer Applies to: Michigan
    Replied: 5/5/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim 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.
    Answer Applies to: Alabama
    Replied: 5/5/2015
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