Los Angeles has a timeframe for bringing a wrongful death claim. A Los Angeles statute of limitations is the legal term for this deadline. A limitation period encourages the claimant to file their claim within a fair amount of time, maintaining the equality of the parties in wrongful death cases. To prevent missing a deadline, contact a Los Angeles wrongful death lawyer as soon as possible.
Different cases have different statutes of limitations:
- According to Los Angeles law, the claimant typically has two months from the date of the death of a loved one to submit a claim.
- There may or may not be a discovery regulation exception to the two-year deadline. According to the discovery rule, a plaintiff has till the date of disclosure before the clock begins to tick if they do not become aware of their damages until after the accident.
- In a wrongful death case, the disclosure rule may extend to two years after the date when surviving loved ones learned of the cause of death or should have known of it through reasonable care.
- You could have more time to submit your claim if your family discovered the reason for the death only after it had already occurred.
- Depending on the circumstances, certain wrongful death claims have deadlines that are longer or less than two years.
- You will be given less time to act, for example, if you are suing the state of Los Angeles or a doctor for negligence. Immediately filing a lawsuit following a wrongful death in your household is crucial.
- Even if your attorney can demonstrate carelessness, you might not be qualified to recover compensation if you miss the statute of limitations. The defendant might use your missing deadline to disclaim responsibility for the catastrophic accident.
Los Angeles’s Wrongful Death Compensation
- A wrongful death case seeks restitution for the deceased’s loved one’s previous losses and any future losses.
- These are possibly financial, emotional, and mental losses that survivors may have experienced. Both financial and non-financial damages may be awarded in a wrongful death action in the state of Los Angeles.
- Economic risks, including the family’s out-of-pocket spending, potential future earnings, or even lost home services, are referred to as economic damages, also known as monetary damages.
- Non-financial losses are intangible losses brought on by the victim’s passing, such as anguish and suffering.
- Punishing damages may be granted if the offender acted extremely carelessly and caused the deceased person’s death the offender acted extremely carelessly and caused the deceased person’s death, punitive damages may be granted.
- Punitive damages are used to penalize the offender and deter future instances of the same heinous behavior. Monetary support for non-economic and economic losses, including funeral and burial costs, mental anguish, medical costs, asset repairs, lack of companionship, the deceased person’s pain and suffering, and more, could result from a victorious wrongful death lawsuit in Los Angeles.