Losing a loved one because of another person's wrongful act or negligence can be devastating. In addition to the emotional impact, surviving family members may face medical expenses, funeral costs, lost financial support, and other challenges. If you believe someone else was responsible for your loved one's death, you may have the right to pursue a wrongful death claim.
One of the most important questions is how long you have to file a wrongful death claim in California. California generally provides a two-year statute of limitations for an action involving the death of an individual caused by the wrongful act or neglect of another. This deadline is established under California Code of Civil Procedure section 335.1.
However, the applicable deadline can depend on the circumstances of the case. Understanding the potential deadlines early can help protect your family's legal rights.
What Is the California Wrongful Death Deadline?
According to California Code of Civil Procedure section 335.1, an action for the death of a person caused by the wrongful act or neglect of another must be commenced within two years.
This means that delay in contacting an attorney or commencing an investigation may jeopardize your chances of recovering damages.
It is essential to understand that this is not merely a suggestion but a binding law. A lawsuit filed after the expiration of the deadline will most likely be dismissed if there is no exception from the rule.
Why Should You Act Before the Deadline?
Despite the apparent sufficiency of two years for such a case, investigation can take quite some time.
Examples of relevant evidence can include:
- Police and accident reports
- Medical files
- Pictures and video footage
- Statements of witnesses
- Employment and financial documents
- Information about the insurance
- Vehicle or property records
- Experts' opinions
- Documents regarding the incident in question
As time goes by, evidence can be harder to collect. Witnesses can be harder to find; memories tend to blur. Some relevant documents might prove hard to get.
Starting the investigation sooner allows your lawyer more time for that.
What If the Death Involved a Government Entity?
A different set of procedures might apply if the potentially liable party is a government agency such as a city or county.
The California Courts website notes that claims against a government agency normally need an administrative claim first before filing suit. Injury claims against a government agency normally need to be presented within six months of the incident, though there may be exceptions. If the claim is rejected by the government agency, there is typically a six-month time limit on filing suit after the rejection notice is mailed.
This becomes important in many cases where a case involves government property, vehicles, public transportation, and other situations where a public entity is involved.
Since there are different procedures for government claims, families should not just assume that the typical two-year time limit applies in the same manner.
What Can Cause a Wrongful Death?
Wrongful deaths can be caused by numerous factors. These can include:
- Motor vehicle accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Dangers on a property
- Negligence
- And other wrongful conduct.
A determination as to whether the case fits into a wrongful death claim depends on facts and laws in California.
What Compensation May Be Available?
The damages which can be pursued in a wrongful death claim are dependent upon the particular case, as well as the losses suffered by the entitled parties.
In some cases, damages which can be pursued may include economic and non-economic losses resulting from the death. Such damages can include the provision of financial support by the deceased, funeral costs, and other damages.
It is not possible to calculate damages by using a set formula because each case of wrongful death is unique.
An attorney can evaluate your situation and advise you of the possible damages.
What Should You Do After a Wrongful Death?
In the case where you suspect your family member died due to negligence or other wrongful act, you might want to take into consideration a number of measures:
- Store important documents. Preserve your medical documents, bills, insurance communications, photos, police reports, and other important materials.
- List possible witnesses. Take notes of all individuals whose information may be valuable in relation to the event in question.
- Do not disclose information publicly. Do not post anything regarding the accident or the possible claim on any social media site.
- Consult a lawyer. This way, he/she will advise you about the deadlines to observe and preserve the necessary evidence.
The most important thing to remember is that just because there is usually two years in California for filing wrongful death claims, it does not mean that you still have enough time.
Why Legal Guidance Can Be Important
Wrongful death claims may have some complex issues regarding liability, proof, damages, insurance coverage, and time limits for filing.
The right lawyer may analyze the situation regarding the death, consider any possible claims that might be made, assess available evidence, and advise family members on what legal actions to take.
Conclusion
In California, the general statute of limitations for a wrongful death action is two years, but the precise deadline can depend on the circumstances of the case. Claims involving government entities, for example, can involve additional and significantly shorter administrative deadlines.
If you have lost a loved one because of a suspected wrongful act or negligence, it is important to seek legal guidance as soon as possible rather than waiting until the deadline approaches.
If you believe your loved one's death was caused by another party's negligence or wrongful conduct, The Sulfab Law Office is here to help. As a leading wrongful death lawyer serving San Francisco, our experienced legal team can help you understand the deadlines that apply to your case, preserve critical evidence, and protect your family's right to seek compensation. Contact The Sulfab Law Office today for a confidential consultation and determine the appropriate next steps.
Disclaimer: The information on this website and blog is for general informational purposes only and is not professional advice. We make no guarantees of accuracy or completeness. We disclaim all liability for errors, omissions, or reliance on this content. Always consult a qualified professional for specific guidance.