Statute of Limitations for Wrongful Death in California
A statute of limitations is a court rule, which requires lawsuits to be filed within a certain period of time. If the case is not filed by the deadline, it will not be able to be brought up in court and will consequently be dismissed.
What is the Statute of Limitations for Wrongful Death in California?
In the state of California, the statute of limitations for wrongful death cases is two years from the deceased person’s death. However, there is an exception to this rule, which is known as the discovery rule. The discovery rule occurs when the cause of someone’s death was not made clear when the person died; however, it is later discovered, which can then ultimately extend the amount of time that the family has to pursue a wrongful death claim.
If the discovery rule applies to a case, then this means that the statute of limitations will be two years from the date in which the cause of death was determined. The discovery rule can be quite complex, as there are more exceptions to this particular rule. It is best to consult with a wrongful death lawyer in Torrance to have a better understanding.
When it comes to pursuing a wrongful death claim against a public entity, the family of the deceased only has six months to file a claim. Usually within 45 days or so, the public entity will deny the claim and then the family pursuing the case will have six months from that date to file a lawsuit.
As for minors, there are specific rules that apply. For instance, if a minor that is suing for the death of his parents, then they have two years from the day they turn 18 years old to do so.
Medical malpractice cases have special rules as well, which is that the family of the deceased typically only have one year from the deceased person’s passing to file a claim. However, keep in mind that there are certain underlying exceptions, but these are the general rules.
Each state varies when it comes to statute of limitations, which is why it is best to consult with our Torrance wrongful death attorneys to have a better understanding about how these cases work. Because wrongful death cases are so complex, it is highly advised to not try to handle on your own. When people try to handle these types of cases on their own--or any personal injury case for that matter, insurance companies will offer much less than they deserve. Often times, victims tend to believe that insurance companies will have their best interest in mind. However, that is far from the truth. Insurance companies are in the business to spend less of their own money with homes of settling a case with victims.
By consulting with an attorney, they will negotiate and fight for your rights to get you the best possible settlement that you deserve. The best way to ensure how the statute of limitations affects your wrongful death case is to contact a wrongful death lawyer in Torrance. At Molchan Law, we are experienced and knowledgeable attorneys with years of experience in handling these types of cases. It takes a diligent, skilled, and attentive attorney to get you the compensation and justice you deserve.
We understand that as a family of a deceased person, it is extremely daunting to have to deal with the aftermath as it is, which is why we strongly urge you to get in contact with an attorney. We are a team of compassionate, determined, and skilled wrongful death attorneys in Torrance who will get your family the justice that they deserve for the loss of your loved one.
Don’t Let the California Statute of Limitations Expire
Because the statute of limitations rule is so strict, you should not wait to file a claim. Not only can the statute of limitations expire, but it is also very important to preserve evidence. By preserving evidence, this will help aid your case.
If you or a loved one has any questions regarding wrongful death settlements, it is in your best interest to get in contact with a trusted personal injury attorney in Torrance at Molchan Law. We will do whatever it takes to get you the justice and compensation that you deserve for your losses.