Tips from a Wrongful Death Lawyer on Statute of Limitations for a Successful Compensation Claim

1. June 8, 2017 Tips from a Wrongful Death Lawyer on Statute of Limitations for a Successful Compensation Claim Wrongful death is classified as a civil case where the surviving kin of the decedent is given the right to file a claim for pecuniary compensation from defendants. The presumption is that the defendants caused the untimely demise of the deceased, and that such passing has directly and severely impacted the survivors. 1

2. Sometimes, defendants may opt to negotiate a settlement just so the case won’t reach the courts, but for the most part, they will contest your claim and try to debunk the case from every angle. Here are some basic but helpful tips, specifically on the timely filing of a claim, from a wrongful death lawyer that you can take note of to improve your chances of successfully getting the recompense due you and your family. Little-Known Exceptions to the Statute of Limitations Once you’ve decided to file a wrongful death lawsuit, the first thing you have to check is the statute of limitations for your particular case. This usually varies from state to state, so you may have to consult with your lawyer to make sure you’re well within the time limit. This is crucial because if you delay for too long, and the statute of limitations or the allowable time period to file suit runs out, then you miss the opportunity to file a claim for good. In California, for example, the usual statute of limitation for wrongful death cases is up to two years from the date of the incident. If, however, the case is that of medical malpractice or negligence, then you can have as much as three years from the date of the incident, or at least a year from the time of the discovery of the harm, whichever comes first. For example, a patient underwent a procedure that the family suspects may have gone wrong hence leading to the patient’s death. If the family has enough knowledge that it was a case of wrongful death right from the get-go, they can choose to file the claim immediately or at any time within the three-year limitation period. It’s possible that the patient passed several years ago, but it was only recently that new information has arrived establishing the fact that there was negligence on the part of the medical staff who attended to the patient. In this case, even if it is beyond the prescribed three-year period, the family 2

3. can still file for a claim because the prescription period only counts down to a full year beginning from the time when they discovered the harm. When the Government is the Defendant Note that if you’re going up against government agencies or employees that the statute of limitations may be shortened to as little as six months. Also, there are certain instances wherein they are immune from such a lawsuit. In this case, it becomes all the more necessary for you to coordinate with your lawyer. Seek a consultation at the soonest possible time with a lawyer from law firms focused on this specific practice area, such as D & Z Law Group. About D & Z Law Group: D & Z Law is a law firm practicing personal injury law and is based in Los Angeles, California. We understand that personal injury cases can occur at any time, that is why we make sure to keep our lines open and ready to receive calls from potential clients in need 24/7. Sources: Wrongful Death. justia.com Wrongful Death Claims. nolo.com 3