Wrongful death actions are an important civil litigation process for families to pursue legal claims against those responsible for the loss of a loved one. These lawsuits could provide valuable compensation to financially support surviving family members. Pursuing a wrongful death claim may also be cathartic for you and your family by helping obtain recognition of a party’s fault and liability for your loss. Families interested in pursuing this process must be aware of the San Diego wrongful death statute of limitations that places a deadline for filing a lawsuit.
Our wrongful death attorneys at CaseyGerry help grieving families navigate each step of the claim process to pursue the maximum compensation on their behalf. With 76 years of experience, our firm has a strong reputation in the legal community for delivering sage counsel at a time when clients need it most.
The statute of limitations for wrongful death actions in San Diego is two years under California Civil Code Section 335.1. The two-year period generally begins to run on the date of the person’s death and establishes a deadline for when surviving family members must file a wrongful death claim. Other statutes of limitations may also apply to wrongful death cases, depending on the circumstances. For example, wrongful death because of a health care provider’s medical malpractice has a longer three-year statute of limitations under Code Section 340.5.
Missing the wrongful death statute of limitations in San Diego is a critical error that could jeopardize your recovery of compensation. A wrongful death lawsuit filed outside the statute of limitations generally results in a case dismissal by the court. This could prevent you from recovering compensation from the liable party in an otherwise valid claim.
The types and amounts of compensation forfeited by missing the statute of limitations could include damages for pain and suffering, medical care, lost financial support, and other emotional losses the family incurs. Some wrongful death cases ultimately settle, but it is important to closely track the applicable filing deadline. Working with an experienced lawyer throughout the process helps ensure your right to pursue a claim does not lapse under the statute of limitations.
California Civil Code Section 377.60 establishes the right of several different parties to file a San Diego wrongful death lawsuit so long as it is within the statute of limitations. The list of eligible candidates generally begins with the personal representative of the estate. This could be a family member, close friend, or other person named in the deceased person’s estate planning and approved by the probate court. Other surviving family members who could be a party to a wrongful death case may include:
If none of these family members survive the victim of the wrongful death claim, other relatives entitled to the person’s estate may have a right to pursue an action. Additionally, the parents of a minor child who suffers a wrongful death may have the right to file a claim.
Complying with the San Diego wrongful death statute of limitations is essential for preserving your family’s right to recover compensation from the party liable for the passing of a loved one. Our firm prioritizes a modernized, client-first approach to each case, and we make it easy for clients to contact us using up-to-date technology. Schedule a free case review with CaseyGerry today.
