Dealing with the aftermath of a wrongful death can be an emotionally devastating situation to handle on your own. You may be feeling betrayed by the world and in search of justice, which you may be able to find by filing a legal case in civil court. An experienced wrongful death lawyer can help you do this, but only if your case falls under the California wrongful death statute of limitations.

The California Wrongful Death Statute of Limitations

A significant amount of California civil cases have a specific statute of limitations attached to them. This ensures that old cases with no new evidence don’t bog down the current system and that people who are in need of legal relief now can get it soon. If you are going to pursue legal action in a wrongful death case, then it is vital to your case that you adhere to the state of California’s statute of limitations for personal injury claims, which include wrongful death claims.

Generally, in California, the state statute gives you two years from the date of your loved one’s death to put together a strong wrongful death case. In that time, you will have to establish grounds for your claim, build a substantial case, gather all the evidence that supports your claim, speak with an experienced wrongful death lawyer, and file your claim for compensatory damages in civil court. If you are not able to file your claim before two years have passed, your time to seek justice expires.

After two years, your case will no longer be considered viable. It may be thrown out, and your chance to pursue damages for your case will pass. It can take a great deal of time to build a strong wrongful death claim, especially if you are having trouble finding evidence of negligent behavior. It is recommended that you start building your case as soon as possible. If you are concerned that your case may not be strong enough, see an injury lawyer for an evaluation.

Dealing With Wrongful Death in California

Succeeding in a wrongful death case in California may not be as easy as you might think, even if the evidence you’ve gathered clearly supports your claim. There are many different factors in a wrongful death case, particularly negligence. To move forward with your case, you are going to have to prove that negligence was a contributing factor to your loved one’s death in some capacity. That’s what makes it wrongful. Here are some of the important steps in your case:

  • -Contact a lawyer. Above all, you want an experienced wrongful death lawyer by your side throughout this entire process. It can be difficult to navigate this situation on your own. Having someone with previous experience in cases like yours may give you a leg up. They can adapt your case to past winning strategies and anticipate any setbacks that might occur. A lawyer can handle the details of your case while you are mourning.
  • -Determine negligence. It’s not going to be easy to prove negligence in a wrongful death case. You are going to need evidence like witness testimony, police reports, medical records, and even professionals to testify on your behalf. Additionally, you are going to need to be certain you are going after the right person. If it turns out the death was caused by a previously unknown factor, the trajectory of your case may change.
  • -Ensure eligibility. According to California state law, only certain family members are allowed to file a wrongful death claim in civil court. It is important that you first determine your eligibility before trying to move forward with a case that might be thrown out as soon as it’s discovered you aren’t eligible. In California, only the surviving spouse or children may file a claim, followed by parents and siblings if there is no spouse or children.

FAQs

What Is the “One Action Rule” for Wrongful Death in California?

The “One Action Rule” for wrongful death in California applies to what happens if multiple family members are seeking a claim. Under the One Action Rule, all eligible family members must unite to file a single legal claim for wrongful death together. This prevents different legal cases from being opened from the same incident. Everyone who has a legitimate claim must be included in this case.

What Is the Damage Cap for Wrongful Death in California?

There is no damage cap for wrongful death in California unless the wrongful death was the result of a medical malpractice situation. In any other case, you are allowed to seek whatever amount you feel is appropriate for everything that you’ve been through. While no amount of money can ever make a wrongful death right, seeking a certain amount can help bring you peace of mind that justice has been served in some way.

Do I Need a Lawyer for a Wrongful Death Case?

Technically, you do not need to hire a lawyer for a wrongful death case in California. If you want to move forward with your case on your own, you are within your legal rights to do so. However, it is highly recommended that you always hire legal assistance whenever you are dealing with legal action. Having someone on your side who understands the complexity of the law can only benefit you in the long run.

What Is the Longest You Can Wait to Make a Wrongful Death Claim?

In California, the longest you can wait to make a wrongful death claim is two years. If you do not file a claim for wrongful death in two years, it is likely that your case will be thrown out, and you may lose your chance to seek compensatory damages for what happened to your loved one. Building a case can take time, so you may want to start working on yours as soon as you can.

Contact Us Today

At Kenneth M. Sigelman & Associates, we can provide you with solid legal assistance and help you build a strong case. Contact us today to speak with someone about a consultation.