Understanding the California Wrongful Death Statute of Limitations: What You Need to Know

Wrongful Death Statute of Limitations

Wrongful death action from a car accident

In California, surviving family members of a victim killed due to the negligence of another person may file a wrongful death lawsuit. A wrongful death suit compensates the survivors for their losses, including financial support from the deceased, loss of companionship, and burial and funeral expenses. Before you can file a suit, you must be aware of the wrongful death statute of limitations. 

If you suffered the tragic loss of a loved one, it is imperative to contact an experienced wrongful death attorney as soon as possible. A lawyer can help you handle the complex legal proceedings to obtain justice. Katella Injury Attorneys is here for you during this difficult time. Call our Anaheim wrongful death lawyer to protect your right to seek compensation. 

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What Is a Wrongful Death?

A wrongful death occurs when the negligent or wrongful act of someone causes the death of another person. Common causes of wrongful death include:

  • Motor vehicle accidents, including bicycle, pedestrian, and motorcycle 
  • Workplace accidents
  • Defective products
  • Medical malpractice cases
  • Intentional acts 

In order to prove a valid wrongful death claim in California, the plaintiff must show:

  • The defendant’s negligence or recklessness caused the death.
  • The plaintiff suffered damages as a result of the death. 

Immediate family members or spouses of the deceased victim can pursue financial compensation for wrongful death under California law.

Who Can Be Sued In a Wrongful Death Claim? 

Who can be sued in a wrongful death lawsuit

In a wrongful death claim, several parties can be liable, depending on the circumstances of the case. Here are some common examples:

  • A driver: A driver who speeds, drives while intoxicated, runs red lights, or engages in other reckless behavior can be found liable. 
  • The driver’s employer: If the reckless driver was on the clock when the accident, their employer could be held partially liable. 
  • A property manager or owner: If a death is caused by unsafe premises or hazardous conditions, a property owner or manager can be liable. 
  • A medical professional or hospital: Doctors, nurses, or medical facilities can be sued if their negligence or malpractice leads to the victim’s death. 
  • Manufacturers, distributors, or retailers: Companies that produce defective products can be held liable for preventable deaths. 
  • Government entities: Government negligence or misconduct may be a factor in cases where they are found at fault. 

 

Statute of Limitations: A Deadline For Filing a Claim

Each state has its own laws that govern when and who can file a wrongful death claim. In California, the statute of limitations for wrongful death claims is two years from the date of the victim’s death. 

This is not a lot of time, given the grieving period all families will need following their loss. If the victim’s family member misses the two-year limit, they will be unable to bring a legal claim against the negligent party. 

Surviving family members should contact a qualified wrongful death attorney as soon as possible to begin the legal process. 

Certain Exceptions May Apply

As stated above, the clock starts running from the date of the decedent’s death. However, certain instances may pause the clock or extend the deadline.

The discovery rule is one such expectation of the standard two-year statute of limitations. The discovery rule can mean that the statute of limitations does not begin until the deceased’s family discovers or learns of their loved one’s death. 

For example, if a person dies from an illness caused by exposure to a toxic substance, the family may not immediately know the cause. If the family discovers, years later, that the death was due to exposure to a defective product, the statute of limitations will start at the time of this discovery, not at the time of death. 

 

What Is the Importance of the Statute of Limitations?

Wrongful death statutes

While two years seems like a short amount of time, there are several reasons for this. The statute of limitations exists to promote fairness and justice.

  1. Motivate Immediate Action: These laws motivate surviving family members to file claims in a timely manner, ensuring that evidence is fresh and witnesses are available. 
  2. Give Closure: Wrongful death statutes of limitations give all parties involved a sense of closure. Defendants are protected from indefinite legal uncertainty, while plaintiffs are prompted to act within a reasonable time frame.
  3. Prevent Fraudulent Claims: Statutes of limitations reduce the risk of fraudulent or baseless claims by limiting the time to file a claim. As time passes, it becomes harder to verify or disprove events.
  4. Preserve the Quality of Evidence: Over time, physical evidence may deteriorate, documents can be lost, and witness memories may fade. Statutes of limitations help ensure that wrongful death cases are based on reliable and intact evidence.
  5. Promote Judicial Efficiency: These time limits help courts manage their caseloads by preventing the system from being clogged with outdated claims, thus allowing for more efficient handling of current cases. 

 

Damages Available In Wrongful Death Lawsuits

Damages in a wrongful death case differ from those available in a personal injury claim. In a wrongful death lawsuit, you may be awarded the following types of damages:

  • Funeral and burial expenses: Costs associated with the funeral and burial services of the deceased.
  • Loss of consortium: Compensation for the loss of companionship, love, and support that the deceased provided to their family members.
  • Medical expenses incurred before the death: Medical costs for treatment related to the injury or illness that ultimately led to the death, up to the time of death.
  • Emotional distress: Compensation for the emotional pain and suffering experienced by surviving family members due to the loss of their loved one.
  • Lost income and financial support: The income that the deceased person would have earned and provided to the family had they lived.
  • Loss of inheritance: The value of what the deceased person would have likely saved and left to family members.

These damages aim to provide financial relief and recognize the non-economic losses suffered by the deceased’s family. 

 

Talk to a Trusted Wrongful Death Lawyer in Anaheim 

Wrongful deaths limitations wrongful death statute

Deciding to take legal action after the death of a loved one is not an easy decision. We understand the courage and strength it takes to pick up the phone and retell your story to a stranger. At Katella Injury Attorneys, we provide the best possible legal representation in your time of need.

Our Anaheim wrongful death attorneys are ready to help you hold the negligent party accountable for their actions. We will do whatever it takes to ensure you receive accurate financial compensation for your loss. 

If you believe you have a wrongful death claim in California, contact Katella Injury Attorneys at (714) 395-5514 or through our online form.

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