Legal Question in Civil Litigation in California
Statue of Limitations
What is the statue of limitations concerning filing a wrongful death suit in CA?
5 Answers from Attorneys
Re: Statue of Limitations
Generally 2 years, as little as six months if a public entity is a defendant. If the dead person was on the job, workers compensation death benefits may also be available. The attorney you retain will be able to accurately compute the statute based on the facts of the case. You would be foolish to attempt to pursue such a case without an attorney.
Re: Statue of Limitations
Generally two years unless it is based in medical malpractice, in which case it is the med mal statute, 1 year from discovery or 3 years, whichever is sooner.
If you have a wrongful death case get it evaluated by an attorney sooner rather than later. Evaluation should be free of charge.
Re: Statue of Limitations
Sorry for your loss.
Your question does not provide enough facts to accurately answer it. You must be very careful, especially if there is a governmental entity involved. If so, you are faced with governmental immunities and claim filing statutes, generally must be done within 6 months.
Let me know if you need a free evaluation.
Good luck.
Re: Statue of Limitations
it used to be one year since January 2003 it is 2 year. Against governmental entity 6 months!!
Re: Statue of Limitations
To summarize, depending on who you are going to sue the statute can be (1) 6 months if a governmental entity, because of the claims-filing statutes, (2) one year if a medical malpractice claim, or (3) two years if based on something like an automobile accident or product defect. Because there may be more than one period that applies, because more than one "type" of defendant is involved, you really do need to see an attorney.