Losing a loved one due to someone else’s negligence can leave you in a state of turmoil. If your loved one was the breadwinner in your home, you may be in dire straits financially. However, even if you are financially sound, your loved one’s absence may cause you no end of emotional stress and anguish.

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If your lawyer advises you to file a wrongful death claim, it means that you can receive compensation for the losses suffered as a direct result of your loved one’s death. The Maryland statute of limitations is three years, which means you have three years from the date of your loved one’s passing to file a claim.

But what happens if you miss that deadline? Can you still file a claim?

The Maryland Statute of Limitations


The statute of limitations is a law that sets a deadline for filing legal claims. In Maryland, the three-year time frame for wrongful death cases ensures you can file a claim while evidence is still available. It also safeguards that witness memories are still reliable.

This is why many cases are dismissed when filed outside the statute of limitations. When this happens, victims’ families are left with limited to no legal recourse.

Fortunately, the law also recognizes that not every case is black and white. You may still file your claim after the deadline when there are unique circumstances. Keep in mind that these exceptions are rare, but they do exist.

Exceptions to the Statute of Limitations


The three-year rule (which differs in some states) is the default. Exceptions exist where fairness or justice may be compromised.

The Discovery Rule


The discovery rule is one of the most common exceptions to the statute of limitations. This rule is set in motion when the cause of death is not immediately known or reasonably discoverable.

For instance, if your loved one underwent surgery and died because of complications, it will be noted as a natural death. But, you may discover months or years later that the surgeon made a mistake or left a medical instrument inside your loved one’s body, which caused the complications.

In this case, the statute of limitations might begin after discovering the cause of death. Or when it should reasonably have been discovered.

Concealment


Sometimes, the party responsible for another person’s death goes to great lengths to conceal their wrongdoing. They may even commit fraud to prevent the filing of a wrongful death claim. If you uncover this fraud or concealment, an extension of the statute of limitations is possible.

For instance, a pharmaceutical company may sell defective or harmful over-the-counter drugs. If your loved one dies after taking these drugs, their death may not be immediately connected to the medication.

If information about the harmful drugs comes to light after three years, you may still have a case.

Minors

If a wrongful death claim involves a minor as a claimant (in most cases, the child of the deceased, there can be a pause in the statute of limitations. The pause will continue until the minor child turns 18. The statute of limitations will then count from the child’s 18th birthday.

Proving That an Exception Applies


If you want to file a late wrongful death claim successfully, you need to prove an exception applies to your case. This means the burden of proof lies with you. It also means you need to hire an experienced lawyer.

Your lawyer will help you gather the evidence you need that your loved one’s cause of death was not immediately clear. Your lawyer can also show that you acted as soon as you discovered the new information.

This is important because many courts deny an exception if they believe the claimant further delayed the process.

If your lawyer seeks to strengthen your case, they may rely on medical or forensic experts to support your claim. This is especially useful for cases with hidden causes of death or malpractice.

Why You Should File As Soon As Possible


Even though exceptions apply, it is always better to file a wrongful death claim promptly where possible.

The problem with waiting is that evidence inevitably fades over time. The longer you wait, the harder it will be to get the needed evidence. Documents may get lost, and people will no longer recall the circumstances surrounding your loved one’s death. This instantly makes your case harder to prove.

Moreover, arguing for an exception is not easy. You will need a highly experienced lawyer because courts tend to scrutinize these cases closely. There are no guarantees regarding exceptions, so it is better to file on time whenever possible.

Finally, losing a loved one is hard. You will grieve for a long time. And, when you are struggling with a legal case simultaneously, it may feel like closure is out of reach. Legal action will not bring loved ones back. It can’t. But it can help provide a sense of closure that allows you and your family to focus on healing and moving forward.

How a Wrongful Death Lawyer Can Help


Wrongful death laws are difficult to understand. This is especially true regarding the exceptions to the statute of limitations.

You must speak with a wrongful death lawyer if you believe you have an exception. The lawyer can assess your case and determine whether an exception truly applies. The lawyer will also advise you on how to proceed with a wrongful death claim.

If you file late, the lawyer will collect the required evidence and present your case in court.

Not seeking legal assistance will likely result in a dismissal of your case. This means you will no longer be able to seek compensation or hold the at-fault party responsible.

Filing a Late Case Is Possible


If discovery, fraud, or a minor forms part of your wrongful death case, you may be able to file late. Still, these exceptions remain exceedingly rare. You must consult a lawyer for a better chance of success; the sooner, the better. Quickly acting will strengthen your case and allow you to seek justice for your loved one.