Rancho Mirage Wrongful Death Statute of Limitations
When a loved one dies because of an accident or because of someone else’s actions, you might not think about pursuing legal action. Taking time to grieve a death and to take care of yourself and your family must come first.
But you should still consider filing an action for wrongful death against the person responsible, and you need to keep the Rancho Mirage wrongful death statute of limitations in mind. By seeking advice from our knowledgeable wrongful death attorneys at Walter Clark Legal Group, you can ensure that your legal options remain available to you as you go through the mourning process.
Understanding Wrongful Death Claims
When someone else’s negligence—a lack of reasonable care in action or inaction—leads to death, they can be held legally responsible. Even if another person causes an injury or illness that eventually leads to death, eligible individuals can still bring a suit for wrongful death.
Not just anyone can bring this kind of suit, however. Only certain close relations defined by state statute are allowed to bring an action for wrongful death since the action is brought on behalf of the deceased. Damages can include:
- Funeral and burial costs
- The financial support of the deceased
- The loss of the relationship and intangible support of the deceased
Surviving family members must ensure that they are allowed to bring a wrongful death action and show the damages they want to claim in court. But before they can even file a wrongful death action in Rancho Mirage, they need to consider the relevant statute of limitations.
The Deadline to Bring a Wrongful Death Action
A statute of limitations limits a person’s ability to bring a lawsuit, and statutes of limitations vary depending on the kind of action the lawsuit is based on. State statutes set these limits, so liability does not extend forever, though some actions and crimes have no such limit.
Once the statute of limitations runs out, a person will not be able to bring a suit, which could be the last option for gaining any kind of compensation and closure after a death. For wrongful death suits, California Code of Civil Procedure § 335.1 sets the statute of limitations for two years after the date of death.
Two years may seem like a long time, but as surviving family members work through the deceased’s estate and go through the time it takes to understand what happened, they might be running up against that two-year limit. Consulting with a Rancho Mirage attorney shortly after a loved one’s death can help determine if there are grounds to bring a wrongful death action and give surviving family members crucial insight into how to proceed within the statute of limitations.
Discuss the Wrongful Death Statute of Limitations With a Rancho Mirage Lawyer
The death of a loved one can upend your whole world in an instant, as well as after serious injuries or a prolonged illness. If too much time passes, you might not have the option of bringing a claim for wrongful death.
Talking through the Rancho Mirage wrongful death statute of limitations, along with the circumstances of a loved one’s passing, can help preserve your ability to sue and support you along the way. Call to schedule a free consultation with a compassionate lawyer at Walter Clark Legal Group.
