Time Limit for Filing a Wrongful Death Claim
How Long Do You Have to Sue for a Wrongful Death?
Statute of limitations requires an individual to file a lawsuit within a specific time period. If the case is filed after the deadline, then it will be dismissed. In California, the wrongful death statute of limitations is 2 years from the initial date of the deceased victim’s passing.
However, there are exceptions to the statute of limitations. This is classified as a “discovery rule.” If the cause of a deceased victim’s death was not obvious when they died and was later found out, this could extend the time period for the victim’s family to file a wrongful death lawsuit from the day the negligent act was discovered.
The Discovery Rule
There are different circumstances that come into play when determining how long it can take for an individual to file a wrongful death lawsuit. If an incident involving a public entity occurs, for instance if there is a faulty pavement that results in the death of an individual, the deceased victim’s family is given 6 months to file a claim. Overall, in any case, where the government or employee was at-fault for wrongful death, you are given 6 months to sue them. The case will be dismissed if the family exceeds the given time period.
When it comes to minors, they are given special rules. If a minor is suing for the death of their parent(s), they are not given a deadline until they are 18 years old. Once they turn 18, then they are given 2 years to file a lawsuit.
Medical malpractice also has special guidelines. If the family were not reasonably aware or knew that their loved one was killed due to medical malpractice, then the discovery rule will apply for this situation. The statute of limitations for this wrongful death case will begin on the date that the death was or should have been discovered.
It is highly suggested to consult with an experienced wrongful death attorney to give you legal advice on your situation. After a wrongful death occurs, you should immediately start filing a claim against the individual at-fault for your loved one’s death. A wrongful death attorney will give you guidance on what appropriate steps are needed to receive the compensation you deserve for economic and non-economic damages.
Accidents happen. If you were injured as a result of someone else’s negligence, you may be entitled to compensation for your losses. Below is a brief explanation of damages. Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence.
Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries.
A few examples of economic losses include:
- Loss of Earning Capacity
- Medical Bills
- Lost Wages
Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out-of-pocket losses. Non-economic damages may include compensation for:
- Emotional Distress
- Pain and Suffering
- Loss of Enjoyment of Life
The third type of damages a California court may award is known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact, were only incorporated in 5 percent of all verdicts.
Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a case.
Limitations for Damages in California
For the most part, there is no real cap on compensatory damages following a personal injury claim. This means that courts are able to award any amount they feel is appropriate and reasonable.
However, the only exception is regarding medical malpractice cases. In these cases, the limit for pain and suffering and other non-economic losses is $250,000.
West Coast Trial Lawyers Is Here to Help
If your loved one was a victim of wrongful death due to another individual’s negligent behavior, West Coast Trial Lawyers has skilled wrongful death attorneys that will help you recover financial and emotional compensation, such as medical bills, lost wages, emotional distress, property damage, and pain and suffering. There are no financial risks involved when using our services. We offer a free, no-obligation consultation with the attorneys at our firm. No fees are paid until your case is settled. Reach out to our legal team 24/7 by calling (213) 927-3700 or emailing [email protected]