- May 2, 2014
- In wrongful Death
Losing a loved one is never easy. Losing a loved one due to the negligent or reckless actions of another individual is tragic. Although no amount of monetary compensation can bring back a loved one, filing a legal claim against the liable party may help you deal with the loss and bring a closure to an otherwise devastating time in your life.
If you decide to file legal action to protect your legal rights after the loss of a loved one, you should consult an experienced wrongful death attorney immediately to ensure that you do not miss the statute of limitations.
The Timeline for a Timely Wrongful Death Claim Filing
Under California’s Code of Civil Procedure Section 335.1, a personal injury claimant only has two years from the date of accident to file a wrongful death claim on behalf of a loved one who died as a result of the negligent actions of another party.
If the claimant fails to file or hire an attorney to help them file their wrongful death claim within the two-year statute of limitations, they may lose their legal right to seek damages or other relief.
Exceptions to the 2-Year Statute of Limitations
In most cases, the statutory period for filing a wrongful death claim begins to run on the date of loss. However, there are exceptions to this 2-year statute of limitations. Some general exceptions to the rule include:
– Cases that involve childhood sexual abuse or harassment
– Cases that include libel, slander, false imprisonment and fraud
– Cases where the liable party is a public entity, including the city, county, state or a school district.
– Cases involving victims who were not mentally competent at the time of the accident.
In addition, if the claimant is a minor at the time of the accident, the statute of limitations may be extended until a certain period of time after the claimant’s 18th birthday.
For more information or to schedule a free consultation with an Orange County wrongful death lawyer, call the Law Offices of Samer Habbas at 888.848.5084.
September 24, 2020
September 22, 2020
September 17, 2020
September 15, 2020
September 11, 2020