Yes and no. There are two separate claims that can be brought after a loved one dies. One is a wrongful death claim, brought by the qualifying family members. The other is brought in a survival suit by the estate on behalf of the decedent provide compensate for damages that occurred between the time of the accident and their death.
The statute of limitations period on a wrongful death claim – the claim the deceased person could have filed if they had lived – is two years from the date of the incident. The limitations period for a family member’s claim for wrongful death is two years from the date the family member died. These dates are very important because if you miss the statute of limitations — the deadline for bringing a lawsuit for damages — you could be barred from moving forward with your claim altogether. This is one of the reasons it is so important to consult with a wrongful death lawyer as soon as possible. Sometimes there may be ways to get around these deadlines, but the best course of action is to retain a lawyer and file an action well within the limitations periods.