Call Now
(213) 800-1710
Has a loved one died unexpectedly due to another person’s negligence and/or misconduct? A wrongful death claim can help your family recover from the devastating loss, providing financial compensation for the suffering endured. However, as the victim’s family, you need to act within a reasonable timeframe, and only certain people can bring a claim.
If you lost a loved one, it is crucial to understand what needs to happen and when to seek possible compensation. Our dedicated legal team can help you seek a resolution within the Los Angeles wrongful death statute of limitations and help you understand what the legal system can do to provide you with a sense of justice and compensation during this horrible time.
Not all deaths are eligible for wrongful death claims. California describes wrongful death as one that is caused by negligence, recklessness, and/or intentional misconduct on the behalf of another person or entity. Therefore, a victim’s family must be able to establish that the death was caused by negligence, intentional misconduct, recklessness, and/or a product defect; that there is a clear link between the defendant’s actions and the death of the victim; and that the surviving family has suffered a financial loss and/or a loss of companionship because of the death.
To establish these things, the victim’s family must have all their facts together. Some of the most pertinent information will often involve:
The more information your family can gather, the more likely you are to have success when filing for wrongful death in Los Angeles.
Wrongful death lawsuits can only be filed by close family and/or dependents of a deceased person. This often includes the deceased person’s:
California Civil Code §377.60 also indicates that a minor or other dependent may qualify for bringing a wrongful death claim if he or she has resided in the decedent’s household for the previous 180 days and was a dependent on the deceased victim for half or more of their support. However, the wrongful death suit must be filed in Los Angeles within the California statute of limitations to receive compensation for the loss. These statutes of limitation can be narrow.
According to California Code of Civil Procedure §335.1, the statute of limitations for filing a wrongful death lawsuit is two years. This means any claim must often be filed before two years have passed since the victim’s date of death. If the defendant who caused and/or contributed to a victim’s death is a governmental entity or government agent, this statute of limitations can be even shorter—sometimes as short as six (6) months from the victim’s date of death.
However, some exceptions may impact the time available for families to seek compensation. For instance, if the cause of death is not immediately apparent, the two-year period may not begin until two years from the date of discovery. Minor heirs also may have additional time to file a wrongful death lawsuit.
The statute of limitations for Los Angeles wrongful death claims in California is complex. It is crucial for survivors who wish to file a lawsuit to seek legal advice without delay after the loss of their loved one.
Victims of a wrongful death deserve to have a voice. At Boren Law, P.C., we do everything we can to give voice to the deceased and their survivors. We want your family to have all the help you need to recover from your loss, which is why we offer contingency services where you only pay if we win or reach a settlement for your case. Contact us to learn more about the Los Angeles wrongful death statute of limitations and how it applies to your family’s loss.