A question or two for all of you lawyers on the board:
What is the time limit in which a family or an individual must file a wrongful death suit? (Against a city, county or state)
Is there a statute of limitations on the negligence or dereliction of duty of a county or city employee, which led or contributed directly to someone’s death?
[broken record voice] What state? [/broken record voice]
The laws vary from state to state. You should consult a local attorney. It is doubtful that you can successfully sue a government employee who was doing his job, no matter how negligently you may think he did it. If he exceeded his authority, then he was no longer an agent of the government and can be sued. Altho the gvt may have consented to be sued, its agents are protected if acting within their authority.
Under the common law, a gvt could not be sued. The USA has consented to be sued in many instances, and has set up a Court of Claims. Local governemnts have consented to be sued in most instances, but you’d have to check your local laws. That’s why this is not a good place to seek legal advice.
Ditto all of the previous responses.
Note that a claim against a branch of gov’t usually has a shorter time limit, and more onerous notice requirements, than a claim against an individual or company. This is a very tricky area. Consult an attorney ASAP – it is rare but possible to be out of luck if you don’t get the appropriate paperwork filed within 90-180 days of the death.
:rolleyes:
Montana, Montana, Glory of the West.
Thanks to all of you for your replies. I am no longer in the state that inspired the question, but I will put the question to an attorney I know in MT.
(Even though, judging from what you have said thus far, I’m pretty sure that any kind of “legal” settlement of the matter is unlikely. Oh well.)