El Centro Wrongful Death Statute of Limitations

In every state, there are firm deadlines for filing lawsuits. A law limiting a specific amount of time for filing certain types of cases is known as a statute of limitations. It can also be considered as a deadline or time limit. Every state has different rules regarding the timeliness of certain legal claims.

When you have lost a loved one due to another person’s negligence, you must take legal action promptly. It is essential to preserve relevant documents and bills from the day the death occurs. The legal process can be daunting to handle on your own, but if you wait too long, you can lose your chance to obtain the financial award you deserve. At Walter Clark Legal Group, we are well-acquainted with the El Centro wrongful death statute of limitations and will fight to ensure your voice is heard.

About the Statute of Limitations for Wrongful Death Claims

Statutes of limitations exist because they are intended to preserve justice. They protect defendants from untimely litigation and encourage plaintiffs to practice due diligence in pursuing their claims. Evidence can get lost or forgotten as time passes, and going back and forth regarding a long-forgotten claim can be more cruel than just.

For wrongful death cases in California, the statute of limitations is two years from the date of the cause of action. That would be from the date of the decedent’s death and not the date of the accident that led to their unjust passing. The rule has certain exceptions, like if the death was due to medical malpractice. In those circumstances, the deadline is one year from the date of discovery that death was caused by medical negligence or three years from the date of death, whichever comes first.

Another example is the discovery rule, which states that the clock begins when the victim’s surviving family members discover that the victim died. Finally, If a government entity or an employee caused a wrongful death, then the applicable statute of limitations is six months from the date of death. An experienced El Centro lawyer could help you navigate the statute of limitations and any possible exceptions when filing your wrongful death suit.

Who Is Eligible to File a Wrongful Death Claim?

The following categories of people can seek compensation through a wrongful death action after a relative passes:

• Surviving spouse/domestic partner. This is the first type with the right to file.
• Children. If the deceased has no surviving offspring, other individuals dependent on the deceased may be eligible.
• Parents. If the deceased person had no offspring, the deceased’s parents may file the claim.
• Heirs. If there is no surviving spouse, domestic partner, or children, other individuals entitled to inherit from the deceased person under California’s intestate succession laws may file the claim. This can include siblings or other relatives.
• Putative spouse/children of the putative spouse. A putative spouse is someone who, in good faith, believed they were married to the deceased, even if the marriage was not legally valid. The putative spouse and their children can also file a claim.
• Stepchildren. Stepchildren financially dependent on the deceased may also have the right to file a claim.
• Minor Children living with the deceased: Minors who lived in the household of the deceased for at least 180 days prior to the death and were dependent on the deceased for at least 50 percent of their financial support may also file a claim.

After two years pass, the decedent’s eligible relatives cannot seek compensation. Although two years may seem like a long time, it is wise to contact an El Centro lawyer far before the end of the filing period to file a wrongful death lawsuit.

Contact A Lawyer About the Time Limit to File Your Wrongful Death Claim

If you have lost someone you love due to another person’s carelessness, you do not need to handle what comes next alone. At Walter Clark Legal Group, we pride ourselves on serving as a legal resource for those who come to us for guidance. Even if we do not handle a case, we will still be informative and get you to a trusted co-counsel. The legal system can be convoluted, and you deserve to have your day in court.

Hiring a qualified attorney to handle your case in a manner that complies with the El Centro wrongful death statute of limitations could give you the peace of mind that you need. Reach out to our law firm today to schedule a consultation.