Statute of limitations requires an individual to file a lawsuit within a specific time period. If the case is filed after the deadline, then it will be dismissed. In California, the wrongful death statute of limitations is 2 years from the initial date of the deceased victim’s passing.
However, there are exceptions to the statute of limitations. This is classified as a “discovery rule.” If the cause of a deceased victim’s death was not obvious when they died and was later found out, this could extend the time period for the victim’s family to file a wrongful death lawsuit from the day the negligent act was discovered.
If you have lost a loved one due to negligence committed by another party, you may be eligible to file a personal injury claim against them for damages. At West Coast Trial Lawyers, we extend our deepest condolences to those who have had to undergo such a tragic event. Our qualified wrongful death attorneys are available 24/7 to help strengthen your claim and negotiate with insurance companies to ensure you get the justice and compensation you deserve.
There are different circumstances that come into play when determining how long it can take for an individual to file a wrongful death lawsuit. If an incident involving a public entity occurs, for instance if there is a faulty pavement that results in the death of an individual, the deceased victim’s family is given 6 months to file a claim. Overall, in any case, where the government or employee was at-fault for wrongful death, you are given 6 months to sue them. The case will be dismissed if the family exceeds the given time period.
When it comes to minors, they are given special rules. If a minor is suing for the death of their parent(s), they are not given a deadline until they are 18 years old. Once they turn 18, then they are given 2 years to file a lawsuit.
Medical malpractice also has special guidelines. If the family were not reasonably aware or knew that their loved one was killed due to medical malpractice, then the discovery rule will apply for this situation. The statute of limitations for this wrongful death case will begin on the date that the death was or should have been discovered.
It is highly suggested to consult with an experienced wrongful death attorney to give you legal advice on your situation. After a wrongful death occurs, you should immediately start filing a claim against the individual at-fault for your loved one’s death. A wrongful death attorney will give you guidance on what appropriate steps are needed to receive the compensation you deserve for economic and non-economic damages.
If you have lost a loved one due to negligent actions committed by another party, our expert team of wrongful death attorneys at West Coast Trial Lawyers will help you recover compensation for damages you have suffered. This includes medical expenses, lost wages, emotional distress, pain and suffering, and more.