A question for our lawyers. What is the statute of limitations for

[rzemanfl]

wrongful death actions in the various places where the anthrax victims died?

[2KS2KHonda]

1. You seem to be asking about civil actions (torts)...in D.C. it's generally 3 years.

...

[rzemanfl]

2. Thanks. So the victims' families can't sue the government...

how convenient.

[BlooInBloo]

3. I'm not a lawyer, but I can google...

http://www.google.com/search?source=ig&hl=en&rlz=&=&q=statute+of+limitations+murder&btnG=Google+Search

[rzemanfl]

4. Yep, you are not a lawyer. I asked about wrongful death actions

not criminal prosecutions for murder.

[BlooInBloo]

5. Ah yes. There's no way google would know the answer to that. Good point.

[rzemanfl]

6. Each state's law is different. Lawyers are supposed to know

this stuff for the jurisdiction they practice in, it's their job.

[BlooInBloo]

7. No doubt about that.

[Tangerine LaBamba]

11. An oldie but goodie

Don't forget the concept of sovereign immunity, which has always worked so well to block inconvenient actions.

[Tangerine LaBamba]

12. Here in Virginia,

it's two years from the date of the death, same as Florida. Two years also in Pennsylvania, Nebraska, and Texas. It's two years from the date of the death in California, too, unless the death was asbestos-related; in those cases, a different standard applies, but I'm not familiar with it.

In Massachusetts, it's three years from the date of the death or three years from the time the deceased's executor or administrator discovered the reasons for the cause of action. New Hampshire is three years, with no exceptions. Maine is two years, and so is Vermont.

Those are the only jurisdictions with which I'm familiar.

[AZ Criminal JD]

8. Under the Federal Court Claims Act the federal government is not liable.

There are limited exceptions if the federal employee is a law enforcement officer but that is not the case here. So the Statute of Limitations does not really mean anything here because they couldn't be sued anyway.

[rzemanfl]

9. So if a plane from MacDill accidentally drops a bomb on my

house, that's tough shit?

[AZ Criminal JD]

14. Basically it is tough shit.

But of course Congress would have the right to waive federal sovereignty and allow you to sue. Also it could approve a settlement for you without a suit.

[rzemanfl]

10. Wouldn't that be "Tort Claims Act?" I read it as that the first time

through.

[AZ Criminal JD]

13. Yes, Tort Claims, I had court on my mind.