Banning Wrongful Death Statute of Limitations
State laws protect you by allowing you to seek compensation from the liable party when a loved one dies because of someone else’s carelessness or intentional actions. It is a type of personal injury claim resulting from negligence, causing someone to sustain fatal injuries.
The family or an estate representative has the legal right to file the wrongful death petition and initiate the action; however, understanding the rules of this statute is essential, including the amount of time you have to file the suit. Contact an experienced lawyer at Walter Clark Legal Group for information regarding the Banning wrongful death statute of limitations.
What Is the Statute of Limitations for Wrongful Death Suits?
The statute of limitations sets a deadline for wrongful death lawsuits and is two years for most cases in California. The time begins on the date of the accident that leads to fatal injuries. Missing the Banning statute of limitations for wrongful death suits could mean losing eligibility to collect compensation from the person or business responsible for the accident. However, according to California Civil Procedure Code § 335.1, there are some exceptions, depending on the case specifics, and those include the following:
The Discovery Rule
The discovery rule is an exception involving lawsuits where the cause of death is not immediately apparent, such as medical malpractice cases. In those cases, the time of the statute of limitations starts running the date the deceased’s family reasonably discovers the cause and the liable party responsible for the accident leading to death, up to one year from the date of discovery or three years from the date of the death.
Minors and Incapacitated Individuals
If the surviving family member is a minor or incapacitated person, the time does not begin running until they turn 18 or they regain capacity. However, it is essential to note that another party can act as the estate representative and file the civil lawsuit on behalf of the estate.
Lawsuits Against Government Entities
If the defendant in the wrongful death suit is in a government agency or a government employee, there are varying provisions and steps to take. The surviving family must commence legal action within six months of the accident that caused the death of a family member.
Potential Recoverable Damages
State laws allow for different types of monetary damages in civil claims resulting from a death caused by negligence. The first category is economic damages, which compensate the surviving family members for the financial losses they suffer due to the accident caused by negligence. The second is non-economic damages, which the court awards to compensate the family for the emotional and non-financial injuries they suffer because of careless or intentional actions. Recoverable damages may include:
- Emotional distress and trauma
- Reasonable funeral and burial expenses
- Pain and suffering the surviving family suffers
- Medical costs related to the accident leading to death
- Loss of love, consortium, companionship, and affection
- Loss of financial support the family sufferings, including income, benefits, retirement, and inheritance
A lawyer skilled in handling the claims and knowledgeable about the wrongful death statute of limitations in Banning could handle the legal work and filings on your behalf to ensure compliance.
Talk to a Qualified Attorney About the Wrongful Death Statute of Limitations in Banning
The sudden loss of a loved one is always traumatic and challenging to come to terms with. When a fatal accident happens because of someone else’s negligence, the devastation can feel overwhelming.
Seeking a settlement from the negligent person or entity cannot change what happened, but it would give you the financial support you’ve lost due to their actions and hold them responsible. Meet with a compassionate lawyer seasoned in handling cases and compliance with the Banning wrongful death statute of limitations. Call Walter Clark Legal Group now for a free consultation.
