Dealing with the loss of a loved one can be a devastating experience. In addition to the emotional distress you have to deal with, you may incur the costs of planning their burial and funeral services. If your loved one spent time in the hospital before their death, the cost of the medical bills they left behind could take a toll on your financial life.
If your loved one dies due to another person’s negligence or wrongdoing, you are entitled to compensation. By filing a wrongful death lawsuit, you can recover the amount lost. Under California law, the statute of limitations for your wrongful death claim is when you must file your case. Filing a lawsuit after this time has elapsed removes your right to compensation.
Although California has a two-year limitation period for filing a wrongful death lawsuit, several exceptions and options exist to extend the time. Understanding the statute of limitations allows you to file your claim on time and follow the correct procedures to ensure maximum compensation. Dealing with a civil lawsuit after the loss of a loved one can be an uphill task. Therefore, seeking expert legal guidance is critical.
Understanding the Statute of Limitations For Wrongful Death Lawsuits in California
A statute of limitations is the timeframe for surviving family members to file a lawsuit for their loved one’s wrongful death. California's statute of limitation for this kind of lawsuit is two years. If you file the lawsuit after this time has elapsed, you could lose your right to recover compensation. This will be the case even when you have strong evidence proving that the defendant’s wrongful actions or negligence caused your loved one’s death.
Therefore, the court will likely dismiss wrongful death lawsuits after two years. The discovery rule is critical to the filing timeline of the wrongful death case. This allows the statute of limitations to stall until the loved ones discover their loved one’s death. Sometimes, when your loved one dies in a different area, you may be unaware of their death.
Most people are presumed missing and not dead when their loved ones cannot reach them. Therefore, the limitation period will start when you know about the death. You can avoid missing the opportunity to recover compensation by consulting with a knowledgeable lawyer when you learn of your loved one’s wrongful death.
This allows you time to gather relevant evidence and present your claim to the liable party's insurance company. If the claim is not settled, you will have time to file the case in court and pursue compensation.
Role of the Statute of Limitations
California law imposes the statute of limitations on wrongful death claims for the following reasons:
Create Fairness in the Civil Court System
Without the statute of limitations, a defendant or person accused of causing wrongful death could be tied to the civil court system for the rest of their lives. This could prevent a person from leading an everyday life. Most people will fear not knowing when a victim's family member could bring a claim and stall their lives.
By imposing the statute of limitations, you must work within a given time to collect and present evidence proving that the defendant is liable for the wrongful death. After this time has elapsed, you can no longer file a claim against the person.
Avoid Cases Build on Unreliable Evidence
Filing a wrongful death lawsuit and recovering compensation is an uphill task. You are responsible for collecting and presenting evidence showing the defendant is liable for your loved one’s death. This evidence will include witness testimony, medical reports, photographs, and videos.
When you wait to file a lawsuit, the evidence could be lost, or witnesses could forget what they saw. In this case, the lawsuit may be based on unreliable evidence. The statute of limitations allows the court to deal with recent instances where the evidence is fresh and reliable.
Maintain Integrity of the Legal System
Wrongful death cases are common in California. Therefore, the courts deal with numerous cases resulting from different causes of wrongful death. Establishing a limitation for filing the lawsuit helps maintain the court's integrity by ensuring promo filing of the cases.
Exceptions to the Wrongful Death Lawsuit
Not all wrongful death cases are subject to the standard statute of limitations. Under the following circumstances, your case will follow different rules:
Medical Malpractice Lawsuit Exception
Medical malpractice is a common cause of wrongful death in California. Common forms of medical malpractice that could contribute to your loved one’s death include the following:
- Misdiagnosis. This could cause your loved one to receive the wrong or delayed treatment, resulting in their death.
- Surgical errors. Errors during surgical procedures could be fatal.
- Birth injuries. Common birth injuries include trauma to the mother or child and brain injuries, among others.
- Wrongful prescriptions. Receiving a wrongful prescription could be fatal for a patient.
In California, medical malpractice wrongful death lawsuits follow a different set of rules for statute of limitations. This is because of the discovery issues. Unlike car accidents or defective products where the cause of death may be known, it may take a while to discover the exact malpractice that caused your loved one’s death. Therefore, the statute of limitations starts to count when you learn that your loved one died from a wrongful act.
The statute of limitations in this case is three years from the day your loved one died or one year from the day of discovery if it happens later. This gives the family time to compile evidence and file a lawsuit.
Exception for Minors
When a child under eighteen loses their parents in a wrongful death situation, the two-year statute of limitations will not apply to their case. This is because minors cannot file and follow through with a claim. Instead, the child has up to two years from their eighteenth birthday to pursue compensation.
For example, if a fifteen-year-old child is the only surviving heir to their deceased parent, the minor will have until their 20th birthday to file a wrongful death lawsuit. This rule ensures that younger survivors have time to grieve the death, heal, and be mature enough to pursue legal action.
Exception for a Lawsuit Against the Government
There are times when a government organization causes your loved one’s death. This could occur when they are involved in an accident with a government vehicle or die after consuming a defective product manufactured by a government company. California law allows you to file a lawsuit against the government entity and recover compensation.
You can do this by negotiating a settlement. If the claim is not settled within forty-five days, you will have another six months to bring a civil lawsuit. Since the limitation period in this case is shorter than usual, you must contact a skilled wrongful death attorney and work hard to gather the evidence necessary for the lawsuit before the time limit elapses.
Murder and Homicides
If your loved one is killed in a criminal act or other type of homicide, you are entitled to compensation in a wrongful death claim. Although a wrongful death claim is not attached to the criminal case, a criminal conviction could make it easier to recover compensation in your wrongful death lawsuit. The time it takes to gather and verify evidence for such a severe crime.
Therefore, the statute of limitations will only begin after law enforcement officers have apprehended the alleged murder.
The Defendant is Out of State
Some people may flee after causing another person’s death to avoid liability for their actions. However, if a defendant leaves after causing death through negligence or a wrongful act, the limitation in such a wrongful death lawsuit will begin when the defendant returns to the state.
When the Plaintiff is Mentally Challenged
Sometimes, the surviving family member of a wrongful death victim could be mentally unstable. This may prevent them from filing and pursuing a claim. The statute of limitations, in this case, cannot start until the plaintiff is declared mentally fit.
Options to Recover Compensation for Your Loved One’s Wrongful Death After the Statute of Limitations Elapses
The statute of limitation for filing lawsuits prevents individuals from seeking compensation for a loved one’s wrongful death after a certain period has elapsed. However, all is not lost when the statute of limitations lapses before you file a claim. If your vase does not fall under the obvious exceptions, you can explore the following options:
- Tolling the statute of limitations. In California, tolling the statute of limitations means the time starts once certain conditions are met. For example, the time limit for filing a lawsuit cannot begin when you have not discovered your loved one’s death. Before discovering the death, you may be focused on finding the person and not gathering evidence to support your lawsuit.
- Seeking a waiver from the court. You can request the court to waive the limitation for your wrongful death lawsuit so it can be accepted. The statute of limitations has multiple purposes, including maintaining the court's integrity and ensuring fairness. Therefore, you must have a convincing argument to compel the court to waive your limitation period.
- Request that the opposing party waive it. California law allows you to request that a defendant waive the statute of limitations for your wrongful death claim. However, they will undergo the civil court process and compensate you for your loss. For this reason, the defendant is unlikely to accept your request.
Frequently Asked Questions on the Wrongful Death Statute of Limitations in California
Although the thought of compensation may not cross your mind when you learn of your loved one’s death and the grief of their loss, you must be quick to act per the statute of limitations. This allows you time to gather the necessary evidence and present a strong case. Pursuing a lawsuit may be confusing, especially since the victim is deceased. The following are commonly asked questions on the statute of limitations in a wrongful death lawsuit:
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What qualifies as a wrongful death lawsuit under the statute of limitations?
Not all tragic deaths qualify for a wrongful death under California law. Your loved one’s death will require you to worry about the statute of limitations if it results from a breach of contract, negligence, or wrongful acts. Common causes of death that result in a wrongful death lawsuit include the following:
- Auto accidents. Most auto accidents result from negligence. Some of the acts of negligence that contribute to these accidents include distracted and drunk driving. You can bring a lawsuit if your loved one is killed in an accident.
- Mislabeling of products. Product manufacturers are responsible for the proper labeling of their products. This ensures that consumers understand the right way to use it. Some products can have devastating health effects or even death when used wrongly. In this case, you can file a successful lawsuit against the manufacturers.
- Production of dangerous products. If your loved one dies after consuming a toxic or defective product, you can file a wrongful death claim against the manufacturers for negligence.
- Criminal or intentional acts. Wrongful acts like murder and vehicular manslaughter attract criminal charges. However, the deceased's family members can also file a lawsuit against the perpetrator of the criminal act.
Different causes of death may present various complications when discovering the wrongful acts and gathering enough evidence to file a lawsuit within the accepted time frame. Therefore, seeking legal insight is critical.
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What happens if I file a wrongful death claim after the statute of limitations has elapsed?
The statute of limitations is put in place to ensure that a defendant is not tied to the civil court system forever. Therefore, you have up to two years to make a successful claim. Filing a claim after this period has elapsed means you cannot be compensated for your losses.
The statute of limitations applies to out-of-court claims and civil lawsuits made in court. Therefore, you must quickly obtain compensation if you negotiate a settlement with the liable party's insurance company. Most insurance companies will want you to sit back until the statute of limitations has elapsed, which means they can drop the negotiations and avoid offering a settlement.
Therefore, if you do not receive the amount you deserve for your losses, you can abandon the negotiations with the insurance company and file a lawsuit in court. Even when the lawsuit lasts for years, you retain your rights to recover compensation once you file with the court.
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Can the statute of limitations be extended if I did not know of my right to file the lawsuit?
Not everyone can file and recover compensation in a wrongful death lawsuit. When a person dies from negligence or wrongful acts, the following individuals can legally file a lawsuit:
- Spouse or domestic partner. If you are the deceased's spouse or domestic partner, you are entitled to compensation for their wrongful death.
- Children of the deceased. Both the biological and adopted children of the deceased can file a wrongful death lawsuit.
- Parents of the deceased. If there is no surviving parent or spouse, the parents of a wrongful death victim can file a lawsuit and recover compensation.
- Siblings of the deceased. When there are no surviving parents, children, or the deceased's spouse, the siblings can be compensated for the wrongful death.
- The dependents of the deceased. In addition to immediate family members, any individual who depends on the victim for financial support can be compensated for their death.
The deceased's parents, siblings, and dependents may not be eligible to file a wrongful death claim when there is a surviving spouse or children. If the statute of limitations elapses before you file the lawsuit, you can convince the court to extend the statute of limitations.
Find a Wrongful Death Attorney Near Me
You have a right to recover compensation if your loved one dies from another person's wrongful actions or negligence. While you must grieve your loved one’s loss forever, this is not the case when pursuing compensation. In California, you have up to two years from the date you discovered the death to file a claim with the liable party's insurance company or a lawsuit in court.
You will not be eligible for compensation if you file the lawsuit after the statute of limitations has elapsed unless your case falls under this exception. Competent exceptions to the statute of limitations include when the survivor is a minor, your loved one died from medical malpractice, or the government is liable for the death.
Understanding the wrongful death process and the time you have to collect evidence and file your claim is critical. At Los Angeles Car Accident Attorney, we understand how a loved one’s loss can impact your life. We will help you understand more about your rights to wrongful death compensation in California and connect you with attorneys who will guide you in pursuing your claim. Call us today at 424-237-3600 to discuss your case details.
