How Long Do You Have to File a Wrongful Death Suit in California?

How Long Do You Have to File a Wrongful Death Suit in California?
https://rtmlawfirm.com/how-long-do-you-have-to-file-a-wrongful-death-suit-in-california/

The tragic loss of a loved one can be incredibly complicated and painful, especially when it may have been preventable. In California, a wrongful death suit allows surviving family members to seek justice and reparation for their loss.

However, time is of the essence when pursuing legal action. Knowing the time frame and the factors that could affect a personal injury case is crucial for those deciding whether to file a lawsuit.

When you file a wrongful death lawsuit, the goal is to compensate the surviving family members for the losses they suffer as a result of the decedent’s death. This may include lost income, loss of future earnings, funeral and burial expenses, and the loss of love, companionship, and guidance that the deceased would have provided.

The first step is to determine who can file the claim. In general, the surviving spouse, children, and parents of the deceased have priority in filing a wrongful death lawsuit. If there are no surviving family members, then the decedent’s personal representative can file on behalf of their estate.

Once it has been determined who will be filing the claim, it must be filed within the statute of limitations period, which is generally two years from the date of death. Failure to file within this timeframe may result in the case being dismissed.

Factors That Can Affect the Statute of Limitations for Wrongful Death Action

There are situations where the two-year window for filing your lawsuit can be paused or extended.

For example, if the wrongful act occurred as a result of medical malpractice, the clock may start from the date the malpractice was discovered, rather than the date of the injury or death.

If the deceased person was a minor, the applicable statute of limitations may not begin until the minor would have turned 18 years old.

The discovery rule states that the statute of limitations does not begin to run until the plaintiff knew or should have known of the facts that gave rise to their claim. This rule is often applied in cases where a person’s death was caused by exposure to toxic substances, which may take years to manifest symptoms. In these cases, the clock will start from the date when the symptoms were first discovered or reasonably should have been discovered.

File a Wrongful Death Lawsuit Against Negligent Parties Within the Statute of Limitations Period.

RTM Law Firm Can Help.

Reach out to our experienced wrongful death attorneys today. Call us for a free case review.

RTM Law Firm. When Really Tough Matters.

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00:00 Introduction
00:27 Knowing The Timeframe
00:53 The First Step
01:09 Statute Of Limitations
01:23 Factors that Affect Statute of Limitations
01:50 The Discovery Rule
02:19 Conclusion