In the unfortunate event of losing a loved one due to another party’s negligence or wrongdoing, families often have the right to file a wrongful death lawsuit. This legal process allows for the recovery of damages to assist with expenses and to compensate for the emotional turmoil. However, there are specific rules and timelines that govern these lawsuits, one of which is the statute of limitations.
The statute of limitations dictates the timeframe within which a wrongful death lawsuit must be filed. In California, understanding this timeline is crucial as missing this deadline could mean losing the opportunity to pursue justice and compensation. This article seeks to provide a clear understanding of the statute of limitations for wrongful death in California.
California Wrongful Death Statute of Limitations: An Overview
The primary law in California governing the timeline for filing wrongful death lawsuits is found under the California Code of Civil Procedure 335.1. This law provides that the statute of limitations for wrongful death claims is generally two years from the date of the person’s death.
For example, if a loved one passes away due to medical malpractice on January 1, 2023, the family typically has until January 1, 2025, to file a wrongful death lawsuit. Any lawsuit filed after this date would usually be dismissed, as the statute of limitations would have expired.
Filing a lawsuit within this two-year period is vital. If a family fails to file the lawsuit within this window, they generally lose their right to pursue the case in court. This statute serves to ensure fairness in litigation, protecting potential defendants from the indefinite threat of a lawsuit.
Exceptions to the Rule: Can the Deadline Be Extended?
Despite the generally strict two-year deadline, certain circumstances may alter this timeline. These exceptions are a critical part of the law because they allow for some flexibility in unique situations. It’s important to understand these exceptions, as they could apply to your case and extend the timeframe in which you can file a wrongful death claim.
Some scenarios that could potentially alter the standard two-year period:
- Discovery Rule: If the cause of death was not immediately apparent, the statute of limitations might start from the date the cause was discovered or reasonably could have been discovered.
- Defendant’s Absence: If the defendant leaves the state after causing the death but before a lawsuit can be filed, the period of their absence may not count towards the two-year limit.
- Legal Disability: If the decedent’s representative is a minor or mentally incapacitated, the statute of limitations may be paused until the disability is removed.
Note, these exceptions are not exhaustive, and consulting a knowledgeable attorney is crucial to fully understand how the statute of limitations applies to your case.
The Importance of Acting Promptly in Wrongful Death Cases
Even with potential exceptions to the statute of limitations, it is crucial to act promptly when considering a wrongful death lawsuit. The process of building a strong case takes time, as it often involves the following steps:
- Thorough Investigations: Gathering the necessary information to prove the cause of death is a time-consuming but crucial task in a wrongful death claim.
- Expert Testimonies: In many cases, expert witnesses may be needed to provide evidence or explain complex matters to the court.
- Collection of Evidence: Documenting all relevant details, from medical records to witness statements, forms an integral part of building a compelling case.
As time progresses, critical pieces of evidence might get misplaced or destroyed, and the recollections of witnesses can become less precise, both factors potentially undermining your case. Hence, it is advantageous to connect with a seasoned wrongful death attorney as their timely intervention can significantly influence the course and result of your case.
Ready to Pursue Justice? Contact Anand Desai Law Firm
Understanding and navigating the complexities of a wrongful death case can be challenging. In California, the wrongful death statute of limitations further underscores the urgency to act swiftly and consult a seasoned attorney.
Based in Los Angeles, Anand Desai Law Firm has the experience and dedication needed to guide you through this difficult time. We understand the emotional and legal challenges involved in wrongful death cases, and we’re here to help. Contact Anand Desai Law Firm for a consultation via our online contact form or by calling (833) 270-7800.