An Essential Guide to California Wrongful Death and Statute of Limitations

Death is a part of life but for many families left behind by the tragic passing of a loved one in an accident, it is difficult to accept their loss especially if they feel it is a wrongful death.

This is why the law recognizes the rights of the family or the dependents left behind by the deceased to file a wrongful death lawsuit. Families deprived of a father, mother, or even a child because of the fault or negligence of another person may be “compensated” for their loss. While human life is priceless, damages may still be awarded to help ease the pain of losing a loved one especially if the deceased was the family’s breadwinner.

But filing wrongful death claims aren’t easy and of course, there are legal technicalities such as the Statute of Limitations (SOL) that should be considered. You of course, have the option of immediately looking for and hiring an attorney to handle your case but if you want to know more about wrongful death and the Statute of Limitations in California, read on.

• A wrongful death claim is a type of civil lawsuit that may be filed against a person or entity who caused the death of the victim. The liable person’s conduct should have been improper or negligent so as to merit monetary damages to the victim’s survivors.


• Although a wrongful death lawsuit often involves negligence or error on the part of the liable party, it may also be filed in case of death in a murder case or DUI crashes. Famous baseball player Jim Leyritz was sued by the family of a woman he killed in a drunken car crash – his insurance company settled with $250,000 and the family will be paid $100,000 over the next few years by Leyritz. Death in a workplace accident or through the use of a defective product may also be litigated through a wrongful death lawsuit.


• Time is of the essence in a wrongful death case so make sure you follow the Statute of Limitations because your claim may be barred if you go over the period allowed. This may vary from state to state, in California, there is a limit of two years to file a claim. This however, may be extended in the case of minor children, who may file up to the age of 19 years.


• The period for the SOL would be different if the defendant is the state, city, or county. Your wrongful death claim must be made within one year following the death and an administrative claim should be filed within six months.

Money can never truly replace the loss of a loved one but filing a wrongful death claim is one way for you and your family to deal with the loss. Aside from receiving monetary damages, you can also use this legal remedy to hold the defendant civilly, if not criminally liable for his actions.

Mesriani Law Group is a full service law firm which specializes in all facets of Personal Injury Law Litigation, including Wrongful Death Claims, Car Accidents, Slip and Fall and Premises Liability Claims, Employment / Labor Law, Disability Law and Supplemental Security Income (SSI) claims, and Business Law. Each of the attorneys at the Mesriani Law Group has been acknowledged as one of the very best in their field. Whether your case deals with Personal Injury Law, Employment Law, Social Security representation or Corporate/Business law, you can be assured that your case will be handled by an expert who specializes in that form of litigation. It is this diversity that makes us unique. We are not a firm with one specialty, but several. But it is not the accomplishments of its attorneys or its stellar business plan that makes Mesriani Law Group the best law firm in Los Angeles. It is the people working at Mesriani Law Group that truly drive our success. Every employee at Mesriani Law Group is dedicated to delivering the best service possible. Not only that, but Mesriani Law Group prides itself on giving the same level of attention to each and every client, be it a small personal injury matter or a multi-million dollar litigation. Mesriani Law Group is dedicated to giving its clients the very best representation and remains committed to having only the very best attorneys handling their cases.

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