Wrongful Death Statute of Limitations

Find out about time limits in filing wrongful death claims

If you lose a loved one due to another party’s negligence, time is of the essence. Wrongful death claims can arise out of any number of accidents, including car wrecks, motorcycle accidents, construction accidents and medical malpractice. If you or a loved one was injured, or a loved one was fatally injured, talk to a lawyer right away. A delay may affect your right to obtain compensation.

In general, California allows people two years from the date of death to initiate a wrongful death lawsuit. The statute of limitations, however, varies depending upon the nature of the action. For example, the statute of limitations on a medical malpractice wrongful death may be as short as a year. In some cases, the statute of limitations may be extended beyond two years. This may be the case if the injured person is a minor or has a mental disability.

Statute of limitations exceptions

General exceptions to the rule include if the party at fault for the accident is a public entity (for example, a city, county, state, school or public transport service). In such cases, a claim must be made against the entity within six months. You may be able to file a lawsuit after a public entity denied the six-month claim. Furthermore, in cases involving asbestos exposure, there are different time periods.

How a wrongful death lawyer may be able to help

Wrongful death cases can be complex. It’s important to act promptly and contact a personal injury lawyer if you lost a loved one due to another party’s reckless behavior. Contact an attorney in California today at the Law Offices of Mickey Fine: Call (800) 576-3818. We can help you determine if you have a case and discuss the best ways to proceed.