Wrongful Death Laws – Statute of Limitations
Who can sue for the Wrongful Death of Another in the State of California: CODE OF CIVIL PROCEDURE SECTION 377.60-377.62
This Code states: “A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf: (a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue ofthe decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of thedecedent by intestate succession.(b) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, or parents. As used in this subdivision, “putative spouse” means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.(c) A minor, whether or not qualified under subdivision (a) or (b), if, at the time of the decedent’s death, the minor resided for the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support. (d) This section applies to any cause of action arising on or after January 1, 1993.”
STATUTE OF LIMITATIONS
Statute of Limitations refers to the law the limits the amount of time within which a victim involved in a car accident may bring about legal proceedings. Generally, in the state of California, an individual has TWO YEARS in which to file a lawsuit for a wrongful death action. Medical Malpractice: In cases of medical malpractice the Statute of Limitations may be one year. State and Federal Government: Actions against the government, a lawsuit must first be preceded by the filing a government tort claim; there is a 180 day limitations period. Additionally, Car Accident claims against public agency, the claim must be made within 180 days from the date of the car accident. Also, the car accident claim must first be filed and denied before a lawsuit can be commenced.Although failure to file a claim within the statutory period could result in barring your claim, there are certain exceptions. Although the statutory period begins to run on the date of the accident, exceptions will be made in situations where the injured party was mentally incompetent or incapable of filing a claim. Victtims Under the Age of 18: Furthermore, the statutory period is extended for minors under the age of 18. The minor has until their eighteenth birthday, plus the statutory period of 2 years to file the suit Lastly, the statutory period may be extended where an injury is unknown, but is later discovered.It is imperative that you call a Car Accident Attorney at Downtown LA Law Today so that your time doe not run out. WHO’S AT FAULTIn California, only the negligent party is responsible for the injuries incurred during a car accident. A person acts negligently when that individual fails to act in a manner expected of a reasonably prudent person acting under similar circumstances. In relation to car accidents, negligence requires the demonstration of:- A party was careless, and that carelessness was the direct and proximate cause of the car crash
- The car crash caused some sort of physical or property damage
- The careless party is responsible for the damages
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