Palm Springs Wrongful Death Statute of Limitations

Losing a beloved spouse, parent, child, or other close relative can come as a tremendous shock, especially if you find out that their death could have been avoided if someone else had not acted irresponsibly. While you grieve and try to hold on to your memories of your lost loved one, the last thing you probably want to think about is your financial situation and whether you want to file a lawsuit. Unfortunately, you cannot wait too long to bring a legal claim because of the Palm Springs wrongful death statute of limitations.

A dedicated local lawyer could consult with you to help you determine whether you have sufficient grounds to proceed with a wrongful death lawsuit.

What Is a Statute of Limitations?

A statute of limitations is a legal deadline that prevents people from filing a claim after the set period has expired. If someone does not file a suit within the period allotted under the relevant statute of limitations, they permanently forfeit the right to sue. These legally mandated deadlines aim to promote justice by not allowing an injured person unlimited time to bring a claim. Statutes of limitations encourage people to file for damages within a reasonable period. Legal claims are harder to prove or refute for both sides when parties wait too long to file lawsuits. The purpose of the wrongful death statute of limitations in Palm Springs is to ensure that lawsuits are filed when evidence is still fresh and easily found. For instance, people’s memories can become less reliable over time. If someone waits too long to file a lawsuit, witnesses might not remember critical details. In addition, essential evidence can become lost or misplaced if nobody takes definitive actions to secure and gather it in a timely manner.

Speaking with a seasoned local attorney as soon as possible after an untimely death is usually a wise idea. A committed legal team could review the facts from an accident and start building a legal claim immediately. They could thoroughly investigate and carefully gather and secure all relevant evidence to build a strong case for compensation.

What Are the Relevant Statutes of Limitation for Wrongful Death?

Generally, eligible surviving family members have two years from the date of a decedent’s death to bring a lawsuit. However, suppose the family does not learn that their loved one died because of someone else’s actions until later. In that case, they might be able to use the discovery rule exception, which would not start the two-year statute of limitations until after they discovered what happened. For example, if a person dies suddenly and their family later learns that they died as a result of taking a dangerous drug, the clock on the applicable statute of limitations against the drug’s manufacturer would probably not start running until after the date they discovered the cause of death.

When a death occurs from medical malpractice, surviving family members might have more time to file a claim. Conversely, when a death happens because of governmental action or inaction, eligible family members might have less time.

A knowledgeable wrongful death lawyer in Palm Springs could review the facts to determine what the applicable statute of limitations is for a specific case.

Talk to a Palm Springs Attorney About Wrongful Death Filing Deadlines

When you decide to pursue a wrongful death claim, you want to make sure nothing interferes with your search for justice. You must ensure that you follow the correct procedural requirements. Because time deadlines are so important, it is critical to work alongside an experienced attorney familiar with the Palm Springs wrongful death statute of limitations.

Talk to a compassionate and helpful lawyer at the Walter Clark Legal Group today.