Losing a loved one due to someone else's negligent act is devastating. The California wrongful death statute of limitations sets a strict deadline for filing a claim. This limitations rule is crucial for the decedent's surviving spouse or family to seek wrongful death damages, such as compensation for emotional pain or lost income.

At Vaziri Law Group, we help families know their rights, file an initial lawsuit, or pursue a personal injury settlement. Our goal is to hold responsible parties accountable and secure justice for the wrongful death victim.

What Is the Statute of Limitations for Wrongful Death in California?

The statute of limitations is the legal deadline for filing a wrongful death lawsuit. In California, this deadline is typically two years from the date of the victim's death. Missing this deadline can result in the loss of your right to seek compensation.

General Timeline for Filing a Claim

Under California Code of Civil Procedure Section 335.1, most wrongful death claims must be filed within two years of the victim's death. This applies to cases involving car accidents, medical malpractice, elder abuse, and other wrongful acts.

The clock begins ticking from the date of death, not from the date the incident occurred. Thus, the timeline begins once the person has passed away, not when the event leading to the death happened.

For example, if your loved one died weeks or months after a motor vehicle accident, the two-year period begins on the date they passed away. While this timeline applies to most cases, some exceptions can extend or shorten the deadline.

Exceptions That May Extend the Filing Deadline

Certain situations can extend the statute of limitations for wrongful death claims. In medical malpractice cases, there is a rule called the discovery rule. This rule explains that the statute of limitations doesn't start right away. Instead, the clock begins when the family finds out about the healthcare provider's mistake or negligence. This is especially important when dealing with medical errors. It also applies to situations where diagnoses are delayed.

The discovery rule can apply to cases beyond medical malpractice as well. If the cause of death was not immediately apparent, the statute of limitations could be tolled. This might give you more time to file your claim, but you still need to reach out to us right away.

Another exception applies if the defendant leaves the state. If the at-fault party moves out of California, the statute of limitations may be paused until they return. It's important to talk to an experienced wrongful death attorney. They can help you understand how these exceptions could affect your case.

Who Can File a Wrongful Death Lawsuit in California?

Only certain individuals within California may file a wrongful death claim. They include:

Immediate Family Members

In California, only members of the decedent's immediate family can usually bring a wrongful death action to court. This includes:

• The deceased's surviving spouse or domestic partner.

• .Children, including stepchildren.

• Parents, if there is no surviving spouse or children.

If the deceased was a minor, their parents or guardians may file a claim. In cases where there are no immediate family members, other financial dependents may be eligible.

Financial Dependents of the Deceased

Financial dependents who relied on the deceased person for support may also file a wrongful death claim. This includes siblings, grandparents, or other relatives who depended on the deceased for financial stability. For instance, if the deceased was the main provider for their family, their dependents could seek compensation for the financial support lost due to the decedent's death.

In cases where the incident occurred because of child abuse or another wrongful act, the dependents might pursue a subsequent lawsuit. The particular statute governing wrongful death claims allows these family members to seek justice and recover damages. This ensures that those who rely on the deceased for financial help are not left without resources after such a tragic loss.

Consequences of Missing the Statute of Limitations Deadline

If a wrongful death claim is not filed within the statute of limitations, it can lead to serious consequences. Missing this deadline means the claim may no longer be valid. This could prevent the family from seeking justice or compensation for their loss.

Loss of Legal Right to Seek Compensation

If you miss the deadline, you lose the legal right to seek compensation for your loved one's death. Even if you have strong evidence of negligence, the court may dismiss your case if it's filed too late.

This means you won't be able to recover damages for medical expenses, funeral costs, or loss of companionship.

Potential for Legal Dismissal of the Case

Once the statute of limitations expires, the defendant can move for dismissal of the case. If granted, this motion prevents you from pursuing legal action, no matter how compelling your evidence may be.

To avoid this outcome, it's crucial to act quickly and consult a wrongful death attorney as soon as possible.

How a Wrongful Death Lawyer Can Assist

A wrongful death lawyer plays a vital role in helping families go through the legal process and protect their rights.

Ensuring Timely Filing of Claims

One of the most vital tasks a lawyer handles is ensuring your claim is filed within the statute of limitations. They gather the necessary information and documentation promptly to meet the deadline. This process includes obtaining medical records, accident reports, and witness statements to build a strong case.

Gathering Evidence and Building a Strong Case

A wrongful death attorney investigates the circumstances of the death to prove negligence and liability. They work with medical experts, accident reconstruction specialists, and other professionals to gather evidence.

For example, in medical malpractice cases, they may review the deceased's medical records to identify errors or negligence by the healthcare provider. If you believe medical negligence played a role in your loved one's death, reach out to us today.

Ensuring Your Settlement Offer Is Fair and Just

Insurance companies frequently aim to resolve wrongful death claims as fast as possible. They often offer settlements that are lower than the actual value of the claims. Do not let the insurance company take advantage of your situation. Let our attorneys fight for you.

Your lawyer will negotiate with the at-fault party or their insurance company to secure a settlement that adequately compensates the family for their losses.

Types of Damages in Wrongful Death Cases

In a wrongful death lawsuit, the victim's family might receive compensation through two main types of damages. The first type is economic damages, which cover financial losses. The second type is non-economic damages, which address emotional or personal losses.

Economic Damages

Economic damages cover tangible financial losses resulting from the person's death. These may include:

• Medical expenses incurred before the victim died.

• Funeral and burial costs.

• Loss of income and support that the deceased would have provided.

• Loss of benefits, such as health insurance or retirement plans.

Non-Economic Damages

Non-economic damages that compensate for the loss of things like:

• Loss of companionship, love, and emotional support.

• Pain and suffering endured by the surviving family members.

• Loss of guidance and mentorship, especially if the deceased was a parent.

Sometimes, a court may award punitive damages, which are damages intended to punish the defendant. This happens when the defendant's actions are reckless or intentional.

Wrongful Death Claims Against Government Entities

If the wrongful death was caused by a government entity or agency, such as in a car accident involving a government vehicle, the rules are slightly different.

You must file a claim with the government agency within six months of the incident. If denied, the next step would be a wrongful death action in civil court. These cases can be complex, so it's essential to work with a law firm proficient in handling claims against government entities.

Seeking Justice for Your Loved One

Losing a loved one is never easy, but when someone's wrongful act causes their death, seeking justice can provide some measure of closure. A wrongful death claim serves two main purposes.

First, it ensures the responsible party is held accountable for their actions. Second, it offers financial support to the family members left behind. This legal action can help ease the burden on those who have lost a loved one. Let us explore the possibility of filing a wrongful death suit or personal injury lawsuit on your behalf.

At Vaziri Law Group, we know about the emotional and financial stress that comes from losing someone you love. Our competent wrongful death attorneys are here to guide you through the legal process and fight for the compensation you deserve.

Contact Our California Wrongful Death Lawyer for a Free Case Consultation

At Vaziri Law Group, we understand how hard it is to lose someone you care about. This kind of loss can bring both emotional pain and financial challenges. Contact Vaziri Law Group today for a free consultation. Our experienced wrongful death lawyers are ready to help you determine your rights as well as your legal options. Let us fight for the justice and compensation your family deserves.