In California, wrongful death claims are subject to a strict statute of limitations, which can add an additional layer of complexity for grieving families. Navigating the time-sensitive process of filing a wrongful death claim can be a heavy burden, but understanding the legal requirements associated with your claim is critical to securing the justice and compensation you deserve. Working with an experienced California wrongful death attorney is crucial to ensuring your family files their wrongful death claim within the appropriate window to maintain viable litigation.
With well over 100 years of combined experience handling complex wrongful death cases throughout the Southern San Joaquin Valley, Rodriguez & Associates is equipped to handle the many nuances of wrongful death claims. Our team of renowned attorneys has obtained numerous record settlements and verdicts on behalf of our clients, including the top 3 highest personal injury verdicts in Kern County history. Rodriguez & Associates is the team you can count on to protect your rights and fight for justice so you can process the loss of a loved one with less stress.
What is the Wrongful Death Statute of Limitations?
The term “statute of limitations” refers to a state law that sets a time frame for legal action. If a case is submitted outside this window of opportunity, barring exceptions, it will be dismissed in court. The California statute of limitations mandates that a wrongful death claim must be filed within two years of the decedent’s passing. This means a claimant must file their lawsuit before the two-year deadline or forfeit the right to pursue compensation.
Exceptions to California’s Statute of Limitations
Some factors may extend or shorten the two-year time frame in which a wrongful death claim can be filed in California. These exceptions include claims against the government, cases involving minors, and some medical malpractice cases.
- Tolling: In some cases, the statute of limitations is paused, or tolled. Tolling can be applied in cases wherein the plaintiff is a minor, in prison, or considered by the court to be legally insane. In these situations, the two-year limit would begin after the person’s situation ends, whether that means they become a legal adult, are released from prison, or are determined to have their mental state restored.
- Claims against the government: When filing claims against the government, there is a six-month statute of limitations from the time of injury in which a claimant can file an “administrative claim.” This claim must be filed with the appropriate government office or agency and proceed through specific channels before a lawsuit can be filed with the court.
- Delayed discovery: In some cases, the negligence that caused death may not be immediately apparent. Cases involving misdiagnosis, medication errors, or negligence during surgery, among other instances, can lead to deadly complications that may only be uncovered with time. The discovery rule dictates that the statute of limitations only takes effect once the death is discovered.
Legal exceptions can further complicate the already strenuous process of filing a wrongful death claim. An experienced wrongful death attorney is your advocate through this challenging time, and can ensure you feel represented and understood as you and your family navigate the many nuances of a claim and make tough decisions.
Wrongful Death Attorneys with a Track Record of Success
Rodriguez & Associates is known for our ability and resources to take on tough opponents, including large corporations, government entities, and their insurance agencies. Our skilled team of California wrongful death attorneys has successfully litigated dozens of cases and obtained record outcomes for our clients. In 2023, Daniel Rodriguez, founder and president of the firm, along with partners Joel Andreesen, Chantal Trujillo, and Danay Gonzalez, secured a $12 million wrongful death verdict for the family of a man who was killed in a tragic job site incident. In another case, the firm obtained $12,075,000 on behalf of the family of a young girl who was killed by a drunk driver behind the wheel of a big rig.
What Sets Rodriguez & Associates Apart
Rodriguez & Associates is a leader in handling California wrongful death and personal injury cases, resulting in the recovery of over $1 billion for our clients and their families. Our dedicated attorneys can provide the resources necessary to help build your case, see it through trial, and uphold it on appeal, if needed. We understand the great responsibility of pursuing justice to the fullest, and we will not hesitate to use our skill and resources to take your case to trial if negotiations don’t produce the results our clients deserve. Our team takes great pride in helping our clients through some of the darkest moments of their lives and providing them with a way forward.
Having an experienced legal team on your side is essential as you navigate the legal complexities of filing a wrongful death claim. Contact our California wrongful death attorneys today for a complimentary case consultation.