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?
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
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.
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.
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.
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