Last week, we discussed the elements of a wrongful death lawsuit, as well as what damages may be sought. This week, we will discuss the time limits on such cases.
There is a specific amount of time in which a wrongful death lawsuit must be filed. This is known as the statute of limitations. The statute of limitations for wrongful death lawsuits is not the same in each state. In California, the statute of limitations is two years for most situations.
If a health care provider was negligent, however, then the statute of limitations is three years when the patient was injured or a year after the plaintiff should have discovered the injured — whichever one of these occurs first. Finally, if the lawsuit is based on tort liability, then the claim against the government must be filed within six months.
As you can see, there are many factors to consider when it comes to the statute of limitations for wrongful death cases in California. At Greene Broillet & Wheeler, LLP., we understand that this is a difficult time for you. Having to deal with the wrongful death of a loved can make trying to muddle through the legal work especially hard. We want to help you by handling your loved one’s wrongful death case while you concentrate on learning how to live without your relative.
Our attorneys are compassionate and caring, but they are also aggressive litigators when needed. We work diligently for our clients, whether that means answering questions, reviewing settlement offers or fighting for our clients in court. To learn more about wrongful death lawsuits, please take a few moments to look over our website.