Legal Question in Medical Malpractice in California
I am 17 yrs old and my legal guardian is my grandmother. My father died in April 2009 from a toxic mix of prescription drugs. I would like to file a civil action against the parties involved. Is it too late for me to file the action or how long do I have to do so?
Do I have three years from the date my Dad died that I can file suit? Or when I turn 18 years of age which is in November?
Thank you, I very much appriciate your reply.
1 Answer from Attorneys
Your age has nothing to do with it.
In an action for injury or death against a health care provider for alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the INJURY, whichever occurs FIRST. If he died more than a year ago, you are probably too late.
In an action for injury or death caused by the wrongful act or neglect of another, the time for the commencement of action shall be two years. You are also probably too late for this.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
