Statute of Limitations Issues in Wrongful Death Cases

The statute of limitations is an important “deadline” of sorts that personal injury victims and their family members must keep in mind when determining how to protect and assert their legal rights. If an injury victim or the surviving family members of a person killed by another’s negligence fails to file a claim for damages before the statute of limitations expires, then the claim can easily be dismissed and the claimant be barred from attempting to obtain compensation for those expenses and losses through a lawsuit.

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Issues with California’s Wrongful Death Statute

California law gives the surviving family members two years from the date of an injury or death to file their claims for damages. While this may seem like a straightforward limitation, there are situations that may arise in a wrongful death case that make applying this statute of limitation more difficult:

• I don’t know what caused by loved one’s death: It may not be readily apparent that another person’s negligent behavior caused or contributed to your loved one’s death. In this situation, the statute of limitation begins to run on the date that a reasonable person would have known that another person’s negligence led to your loved one’s passing as well as the identity of this careless person.
• My loved one was injured but died after several weeks or months: This situation may occur in a fall or car crash. Your loved one sustained catastrophic injuries but was able to be kept alive for some period of time before he or she eventually succumbed to his or her injuries. In this situation, the statute of limitations begins to run from the date of your loved one’s injury accident occurred. The fact that your loved one died several weeks or months after the accident occurred does not necessarily “restart” the statute of limitation period.
• There is no way for my loved one’s wrongful death case to be resolved within two years: For purposes of the statute of limitations, it does not matter how long your wrongful death case takes to reach a settlement or trial. What is important is the date the lawsuit is initially filed. In other words, if you file a wrongful death lawsuit within two years of the date your loved one sustained his or her fatal injuries, then the statute of limitations has been satisfied, even if your lawsuit is not fully resolved for two or three years.

Reach Out to Your Riverside Wrongful Death Law Firm

Heiting & Irwin, APLC has four decades of experience helping injury victims and the surviving family members of those killed as a result of another’s careless actions recover compensation for their expenses, losses, and injuries. Contacting us as quickly as possible following your loved one’s injury or death can help ensure that your legal right to pursue compensation is protected. Call us at (951) 682-6400 or complete our online form to schedule a free initial consultation.

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Heiting & Irwin are personal injury lawyers in Riverside who work with clients throughout San Bernardino and Riverside Counties. We've recovered over $300M for our clients since 1979 and charge no fees until the successful conclusion of your case.