- 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.