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Bracamontes & Vlasak, P.C.
220 Montgomery Street
Suite 870
San Francisco, CA 94104
Phone: 415.835.6777
San Francisco Personal Injury

STATUTE OF LIMITATIONS IN A WRONGFUL DEATH CASE

When a negligent or intentional act causes a death, the estate of the deceased has a wrongful death claim against the party or parties responsible for the death. In practical terms, this usually means that the immediate family members or others named beneficiaries of the estate have the right to compensation.

It is important to initiate a wrongful death lawsuit promptly, in order to preserve your right to claim compensation and to begin what could prove to be a long and complex undertaking. The wrongful death statute of limitations is a hard deadline, though there are limited circumstances by which the deadline can be “tolled” or suspended.

If you file a wrongful death lawsuit just one day after the expiration date, you lose your right to claim compensation. Get legal help today.

California Wrongful Death Statute Of Limitations

California’s Code of Civil Procedure Section 335.1 spells out the wrongful death statute of limitations:

Adult wrongful death case — A lawsuit must be filed within two years of the date of death. This applies to adults who die as the result of motor vehicle accidents, slip-and-fall accidents, assaults, and other negligent or intentional acts.

Minor wrongful death case — The time limit is extended for minors. A wrongful death suit must be filed within two years after the minor turns 18.

Death caused by public entities — You have only six months from the date of death to file a wrongful death claim against a federal, state, county or municipal government or government agency. This applies to both adults and minors.

Asbestos-related death — You must file a wrongful death lawsuit within one year of the date of death or one year from the time the plaintiff knew or should have known that exposure to the substance would lead to death.

Better To Be Safe Rather Than Sorry

While you may have two years or longer in which to file a wrongful death lawsuit, you should not risk losing your right to sue by postponing action. You should also consider the fact that the longer you wait, the more likely it will be that evidence important to your case could be lost or spoiled.

If your case has merit, Bracamontes & Vlasak, P.C., will act quickly to file the lawsuit and take other measures necessary to prove your case.

Contact An Attorney Today

For a free consultation about a wrongful death lawsuit, Contact Bracamontes & Vlasak, P.C., in San Francisco, California. You can also contact our office by telephone at 415.835.6777.

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