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Losing a loved one is an incredibly painful experience, and it can be even more difficult when the negligence or intentional actions of another person or entity cause the death. In California, family members and dependents of the deceased may be eligible to file a wrongful death claim to seek compensation for their loss. However, there is a specific timeline that you must follow when pursuing this type of lawsuit. Understanding these time limits is critical to ensure that you do not lose your right to seek justice for your loved one.
In California, the statute of limitations for filing a wrongful death claim is two years from the date of the deceased person's death. This means that you have two years to file a lawsuit with the court. If you fail to file within this time frame, you may lose your right to seek compensation for your loss. However, some exceptions may alter this timeline, such as if the responsible party is a government agency, in which case a shorter timeline may apply.
While the general rule is that a wrongful death claim must be filed within two years, several factors can affect the timeline:
The wrongful death claim process typically involves several key steps:
If you miss the two-year deadline for filing a wrongful death claim, you may lose the ability to pursue a lawsuit entirely. The courts generally will not allow claims to be filed after the statute of limitations has passed, which could mean no compensation for your emotional, financial, and physical losses. It’s critical to take action as soon as possible and consult with a lawyer to ensure that you meet all legal deadlines.
Filing a wrongful death claim in California is an emotional and often complex process, but understanding the timeline and taking prompt action can help ensure that you receive the compensation you deserve. The two-year statute of limitations is critical, but with the assistance of an experienced attorney, you can navigate the legal process with confidence. If you’ve lost a loved one due to someone else’s negligence, contact The Stone Law Group in San Diego to discuss your case and learn more about your legal options.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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