The California wrongful death statute of limitations for pursuing a claim is two years from the date of death. However, there is some flexibility in these cases, and it doesn’t always extend the length of time for grieving families. For example, if medical malpractice led to a loved one’s death, the family may only have one year to file a wrongful death claim. In unusual circumstances where the claimant is a minor or has some type of mental disability, the statute may be extended. These are only two of many different situations that can affect the length of time a family has to file a wrongful death claim. Our state’s confusing laws are one of the many reasons why you need a San Bernardino wrongful death attorney by your side. If a loved one has died due to the negligence of someone else and you want to know your rights under the law, call us today at 888-848-5084 to schedule a consultation.
If you think you have a wrongful death case and want answers, fill out a contact form and we’ll get right back to you!
Who Can File a Wrongful Death Claim?
The answer to this question is another confusing aspect of these cases. As you might guess, the decedent’s closest relatives such as a spouse and children may file a wrongful death claim. However, if there are no surviving spouses or children, other relatives may file a claim, and here is where it can become a bit confusing. California Code of Civil Procedure 377.60 identifies “proper parties” to a wrongful death claim. These include, in order:
- Children of deceased siblings
- Other lineal descendants
- Common law spouse
- Dependent children of common law spouse
- Other conditional claimants
Please bear in mind that this list is not complete and there are several factors that can impact an individual’s right to file a claim.
Contact Us Today
We know that when a loved one dies, the grieving process never really stops for survivors. No amount of damages awarded in a lawsuit or negotiated in a settlement can replace a life, companionship or emotional support. However, these damages can help replace the decedent’s income and financial support and compensate families for their loss. If you want to speak to a San Bernardino wrongful death lawyer about your loss and get an explanation of the law in plain language, call The Law Offices of Samer Habbas at 888-848-5084 or fill out a contact form for a prompt reply. We have a proven record of success and will work hard to help you receive the fair and just compensation you deserve.