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Wrongful Death Statute of Limitations

The statute of limitations is a law that prohibits lawsuits to be brought to court within a certain period of time. If a case is not filed within the specific deadline, which is determined by state, then it cannot be brought in court and will be dismissed.

What is the Statute of Limitations for Wrongful Death in California?
In the state of California, the statute of limitations for a wrongful death claim is two years from the date of the deceased person’s death. There is an exception when it comes to wrongful death cases, which is known as the “discovery rule.” The discovery rule is used when the cause of the person’s death is not clear when the person passed away, but then the cause is discovered much later. This type of circumstance can potentially extend the amount of time in which a family can file a wrongful death lawsuit.

If the discovery rule applies to a certain case, then the statute of limitations will be determined two years from the date of when the cause of death was discovered. Wrongful death claims are complex, along with the discovery rule, which has further exceptions. It is important that you get in contact with a wrongful death attorney Los Angeles if this applies to a loved one’s case.

The statute of limitations differs if the wrongful death case is against a public entity, The deceased person’s family only has six months to file a wrongful death claim against a public entity. In many cases, the public entity will then deny responsibility for the claim within 45 days, and then the heirs of the deceased person will have another six months to file a lawsuit.

If a wrongful death claim is planned to be filed by a minor, then the minor has two years to file from the day he or she turns 18 years old.

Every state differs in the amount of time that is given for the statute of limitations. In addition, it can vary in certain cases like stated above. If you have lost a loved one due to a wrongful death, then you should get in contact with a wrongful death lawyer Los Angeles. By discussing your case with a lawyer, you will be able to fully understand the protocol, as each and every case is different. It is imperative that you fully understand the statute of limitations and how it can apply to you and your deceased loved one.

Don’t Let the Statute of Limitations Expire
Because there are very few exceptions to the statute of limitations, you should not wait to file a wrongful death claim on behalf of your loved one. The rule is very strict and if you wait too long to file a claim, this can prevent you from having your claim brought to court. You should contact a wrongful death attorney Los Angeles as soon as you possibly can so your lawyer can handle each and every aspect of your case.
Your wrongful death lawyer Los Angeles will be able to discover any evidence, talk to witnesses, make the negligent party responsible by law, and so much more. We understand that the loss of a loved one is never easy to deal with, which is why we strongly advocate on behalf of families who have lost a loved one.

By speaking to our Los Angeles personal injury lawyer that specifically specializes in wrongful death cases, he or she will be able to file your lawsuit before the deadline passes. No one should ever have to deal with the repercussions of a wrongful death on their own. It is never easy; however, we will do whatever it takes to bring full and fair justice to the table as well as maximum compensation for the damages that the family has endured due to the loss of their loved one.

Feel free to reach out to Grey Law at any time. You should not wait until it is too late. We can assure you that we will be there for you and your family every step of the way. At Grey Law, we are compassionate, diligent, attentive, and highly experienced attorneys. We will fight on your behalf every step of the way.

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