Los Angeles Wrongful Death Statute of Limitations

Wrongful death actions are initiated by surviving family members who believe negligence contributed to their loved one’s death. These civil claims allow you to seek financial compensation from the person responsible for the event to help you cope with your loss. However, there are important things to remember if your loved one has died and you wish to file a wrongful death claim. Among these is the Los Angeles wrongful death statute of limitations.

If you feel you have a potential wrongful death claim, we are here to help you understand your options. Our consultations are always free, and we will never ask you to pay us unless we get the compensation you deserve for your loss. Reach out to CD Law today to learn more.

What Constitutes Wrongful Death?

Anytime the actions of a person or entity contribute to another’s passing, it can be considered a wrongful death. This can be due to negligence or intentional harm, where the death would not have occurred without the actions of the at-fault party.

Some common causes of wrongful death include:

• Car, truck, and motorcycle wrecks
• Pedestrian and bicycle accidents
• Dangerous property conditions
• Defective products

While these are common causes, every case is unique. If you believe your loved one’s death was caused by another’s actions, it is crucial to consult with a legal team to discuss your case and explore your options within the Los Angeles statute of limitations.

California Statute of Limitations for Wrongful Death Claims

The death of a loved one is an incredibly difficult experience, and understandably, the last thing on your mind may be legal action. However, time is of the essence when it comes to filing a wrongful death claim in California. Under Civil Code 335.1, a wrongful death lawsuit must generally be filed within two years from the date of death. Missing this deadline can make it nearly impossible to pursue a claim.

It is important to be aware that there are certain exceptions to this statute of limitations for a Los Angeles wrongful death claim. Some common exceptions that may extend or toll the time limit include:

• Minor Children: If the claimant is a minor, the statute of limitations may be extended until the child turns 18, giving them more time to file a claim
• Inability to Identify the Defendant: In cases like hit-and-run accidents, the time limit may be paused until the responsible party is located
• Discovery of the Cause of Death: If the cause of death is discovered after the fact (such as through an investigation into medical malpractice or a defective product), the statute of limitations may start once the cause is identified

Given the complexity of these exceptions, it is crucial to consult with an experienced attorney to ensure you meet the deadlines for your specific case. An attorney can help you navigate these legal nuances and protect your rights during this difficult time.

Who Can File a Wrongful Death Claim?

California Code 377.60 outlines who is eligible to file a wrongful death claim. Generally, you may file a claim if you are:

• A surviving spouse or domestic partner
• A child of the deceased
• A grandchild (if there are no surviving children)
• A person entitled to the deceased’s property under intestate succession laws

Additionally, exceptions exist that allow other individuals to file. For instance, a minor child or dependent who was financially supported by the deceased for at least 180 days—regardless of blood relation—may also have the right to file, as long as it is shown that the deceased provided at least half of their support.

Do Not Let the Los Angeles Statute of Limitations Expire on Your Wrongful Death Claim

Losing a loved one is traumatic, even more so if they were taken too soon because of someone else’s negligent actions or inactions. We urge all our clients and potential clients to reach out to us as soon as possible so we can gather evidence and pursue a wrongful death claim before the statute of limitations expires. We are available to meet with you via Zoom or in person and will work hard to make the process as efficient as possible so you can focus on overcoming your grief.

Contact us today for a free consultation to discuss the Los Angeles wrongful death statute of limitations, and we will answer your questions or get started on your claim.