Stockton, CA asked in Wrongful Death for California

Q: Is there a time limit for filing a wrongful death claim? What if my spouse died and I was severely injured and that

delayed my ability to file?

Related Topics:
5 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Mill Valley, CA
  • Licensed in California

A: For most wrongful death actions, the statute of limitations is 2 years. For medical malpractice, it is usually 1 year. If it is a claim against a governmental entity, the claim must be filed within 6 months. If you have missed any of the applicable deadlines, speak with an attorney immediately to see if anything can be done.

William John Light agrees with this answer

William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: The statute of limitations for personal injury is two years (not including medical malpractice). The statute can be tolled for a number of reasons. Some that may apply to you are: the defendant was out of state for a period of time or mental incompetence of the plaintiff. These can be fact intensive questions and are not suitable for definitive opinions on the internet.

Alexander Bakhache Perez
Alexander Bakhache Perez
Answered
  • Fullerton, CA
  • Licensed in California

A: Yes but it depends on the facts for which time period applies. Feel free to contact us for a free phone call with one of our attorneys directly to see if we can help you.

Jonathan S. Dennis
Jonathan S. Dennis
PREMIUM
Answered
  • Los Angeles, CA
  • Licensed in California

A: Yes there is a time limit. Personal injury actions in California, including wrongful death, carry a two year statute of limitations. The exception to the two year time period is if the personal injury or wrongful death were caused, or in some instances related to, medical malpractice. If the personal injury or wrongful death was caused or related to medical malpractice, the statue of limitations is one year.

Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered

A: Generally being injured won't help though if it was head trauma a period of incapacity may.Contact a member of CAOC--they give free consultations.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.