If you’re living in California, you may have heard of the state’s wrongful death statute of limitations. The law states that a victim’s family has two years from the date of death in which to file a wrongful death civil action in court.
But what does that exactly mean? Read on to learn more about the California wrongful death statute of limitations and how it can impact your situation.
What Is California’s Wrongful Death Statute of Limitations
First, let’s start with a definition. A statute of limitations is a time period set by law in which legal action must be taken in order to pursue damages for a particular event or accident. In the case of wrongful death, this means that an individual has two years from the date their loved one died (not when the cause of death happened) to file a civil lawsuit in court.
It is important to note that some exceptions do apply; for example, minors under 18 who have lost their parent may have longer than two years to file a claim since they are not legally able to take legal action until they reach adulthood. Additionally, if a death suit is filed and then dismissed because of a technicality, it could restart the statue of limitations clock.
It’s also important to understand that this statute does not apply to criminal manslaughter or murder charges; those cases are handled by district attorneys and do not require civil action.
Why Is California’s Wrongful Death Statute of Limitations Important?
The two-year window established by the wrongful death statute of limitations is important for individuals looking to pursue damages from an individual or company they feel is responsible for their loved one’s passing. If an individual waits past two years to file a claim, they may no longer be able to receive compensation in court.
Additionally, if a claim is filed too late in the process, it may be viewed as an attempt to take advantage of a situation and weaken the integrity of the case. So, if you’re considering filing a wrongful death claim in California, it’s important to do so within two years of your loved one’s passing.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil action taken by an individual or family against a person they feel is responsible for the death of their loved one. This can include medical malpractice, defective products, negligence, and more.
Typically, these claims seek to recover damages that cover medical expenses associated with the injury or illness leading to death, pain and suffering prior to passing, lost wages due to premature death, and more.
Compensation may also be sought for funeral costs, emotional distress, and other types of non-economic losses associated with the incident as well.
Who Can Bring a Wrongful Death Claim in California?
In California, only certain people are legally allowed to file a wrongful death claim. These include the deceased’s spouse or domestic partner, children, and any other individual who was dependent on the deceased for financial support at the time of their passing.
If there is no surviving spouse, children, or dependents of the victim, then an executor or administrator of the estate can bring a claim on behalf of all interested parties.
Proving a Wrongful Death Claim
In order for a wrongful death claim to be successful, it must be proven that the individual or company in question caused the death of your loved one due to negligence. This means that they did not uphold their duty of care and failed to provide a reasonable level of safety necessary for the situation at hand.
It is important to remember that no matter how convincing your case may appear, you must still prove your claims in court in order to recover damages.
If you lost a loved one because of an act of negligence, seeking legal counsel as soon as possible is essential—not only can they help protect your rights and ensure you receive justice, but they can also help guide you through the process while keeping track of deadlines associated with the wrongful death statute of limitations.
When it comes to dealing with the loss of a loved one, navigating the legal system can understandably be overwhelming—but having an experienced attorney on your side can make all the difference. Don’t wait—seek legal counsel today and get started on your wrongful death claim.
How Do I File a Wrongful Death Claim?
If you feel that your loved one’s passing was caused by another individual or company’s negligent behavior or misconduct, you might be eligible for compensation. In order to receive damages, it is important to act quickly and pursue legal action within two years of the passing of your loved one.
To get started on filing a wrongful death claim in California, you should contact an experienced attorney who can help guide you through the process and ensure that all deadlines are met. They will also help gather evidence and build a strong case for your claim and represent you throughout each step of the way.
It is essential to remember that while no amount of money can ever replace your loved one’s life, seeking justice is important—getting closure in this situation could potentially help bring peace during these difficult times.
If you lost a loved one as the result of an act of negligence, you could be eligible for compensation. Take the first step and contact an experienced wrongful death attorney today and get started on your claim before it’s too late.
Call The Law Brothers for a Free Consultation
If you’re considering filing a wrongful death claim in California, the experienced attorneys at the Law Brothers can provide you with the legal assistance and guidance needed to ensure that the rights and interests of your family are protected. We understand how devastating it can be to lose a loved one and will fight for justice on your behalf.
Call us today at (800) 820-0000 for a free consultation, and our team of dedicated attorneys will be there to answer any questions you may have about the legal process.