Chances are, you never expected to lose your breadwinner and be forced to bring a California wrongful death lawsuit, let alone be stuck with burial expenses and need to retain a personal injury attorney.
Persons who suffered harm due to negligence of medical professionals, work safety, and fatal accidents have the legal rights and options to file a wrongful death lawsuit against the parties involved.
The victim, the deceased person’s surviving spouse or domestic partner, the deceased person’s surviving children, the deceased person’s parents, or the deceased person’s siblings, depending on who is living at the time of the decedent’s death, can file wrongful death claims for compensation for their damages.
But intestate succession issues, wills, and trusts may all play a role when seeking financial compensation from the responsible party.
Similar to bringing other types of actions, a time frame that must be observed when filing the suit or the opportunity to file the claim is forever lost. The length of this time frame is set by state laws. The clock traditionally begins ticking upon the time of incident, other jurisdictions start it at the time of death and some others are lenient to allow it to begin at the time that the person discovered the wrong.
Generally, you have two years from the date you discover the death occurred. This so called the “discovery rule” applies to most any personal injury case.
California Wrongful Death Statute of Limitations under California law (California Code of Civil Procedure 335.1 ), states that the initiation of wrongful death claims must be within two years of the date of the accident or deceased person’s death.
To bring a successful claim, you must comply with this said statute of limitations for wrongful death. California statute of limitations is a type of legal deadline.
Victims who fail to file a lawsuit within this 2-year deadline may have to forfeit their rights to file for legal claims on behalf of a surviving family member.
You should talk to a professional attorney about the wrongful death cases and/or medical malpractice statute of limitations in your locality as soon as possible under California civil jury instructions.
So yes, there is a time limit to file a legal wrongful death claim by law, and we call this time limit statute of limitations. When a person dies such as when you discover the death of a child, spouse, or even a putative spouse in certain cases, you may be entitled to significant financial compensation.
If someone dies from a serious injury due to the negligent or reckless acts of another person, the surviving family members or the decedent’s surviving spouse can file a wrongful death claim to claim damages for the death of a loved one under California law.
In essence, a wrongful death lawsuit is a civil claim that decides the number of damages or financial compensation the grieving family members should receive by law when a person dies.
No sum of money could ever come close to “making up for” the loss of your loved one, nevertheless, filing this lawsuit is a way to pay for the expenses associated with death, financial support. We stand for people like you. Contact our Award-winning aggressive attorneys today for free.
The premise behind a wrongful death case is that not only did the deceased lose their life as a result of another person’s negligence or recklessness, but the decedent’s surviving family members have also been severely affected emotionally and financially by the event, and they will also have to pay unexpected funeral expenses, household services, a mental health care provider and more.
If the decedent is the family’s breadwinner, they must now get by without the financial support of the deceased and the emotional trauma (even loss of sexual relations and past moral support), which is only natural after such a sudden and unexpected event.
If you wish to file a California wrongful death case, you will need to follow special rules to establish two things in order to be successful:
Yes. Think of the statute of limitations as a timer running down, like the clock in a basketball game. It begins to count down two years from the date of the injury against a private defendant and six months from the date of accident against a government defendant.
The statute generally terminates your right to sue on a fixed date in the future. It will start running and expire whether you take action or not.
Depending on the cause of your injury and your age, the civil court may toll the statute of limitations for up to 18 years, 10 years, or run down in 3 years (in the case of personal injury), 2.5 years (for most medical malpractice claims), 2 years (for wrongful death claims), or 1 year (for intentional torts, e.g. battery).
While the standard 2-year statute of limitations applies to most cases, there are some limited exceptions to California’s wrongful death statute of limitations. Depending on the specific nature of your claim, these exceptions could give you a little more time to file your claim. However, at the same time, these exceptions could also reduce the amount of time you have to file a lawsuit.
That is why you must speak to an expert on cases involving wrongful death statutes for proper legal advice.
You deserve the best lawyers in California. Our award-winning firm has won our clients millions in compensation because our talented legal team of law clerks, paralegals, and highly trained wrongful death attorneys understand what wrongful death grieving means.
The statute of limitations’ objective is to free potential defendants from having to worry about defending against a lawsuit for the rest of their lives. Courts have held that the statute of limitations is to rid the responsible party of the suspense living in suspense of a lawsuit.
Ehline Firm is a USMC veteran-run legal team that takes “do or die” to a whole different level! Michael Ehline is a renowned Washington DC lobbyist. He assisted in drafting the Cruise Ship Safety Act on behalf of ICV (international cruise victims), advocating for self-defense rights, and uncovering government corruption.
With over 15 convenient locations in California, you can come to us, or a professional wrongful death attorney can come to your home, hospital, or workplace and we can take wrongful death action following civil procedure.
You can choose to surrender your rights to receive total and fair compensation or take bold action and speak to a wrongful death lawyer today. We are available 24/7 to listen to your problem with compassion.
Do you want immediate help from a caring law firm of individuals to encourage and surround you with strength?
You can also reach us through our convenient online contact form above. A top-notch, award-winning wrongful death lawyer is standing by to answer your important questions about wrongful death lawsuits.
You or your loved ones can reach out to the superior Ehline Law Firm wrongful death attorneys, APLC, call us today by dialing (213) 596-9642.