Burbank Wrongful Death Statute of Limitations

After suddenly losing your loved one, you are probably feeling overwhelmed by grief and sorrow. When your grief is new, you might not even be able to get through your everyday tasks. Your day-to-day existence might be a struggle without your loved one to help you through each day.

The last thing on your mind right now is filing a lawsuit, but you have limited time to decide. As you mull over whether to bring a claim, you need to keep in mind the Burbank wrongful death statute of limitations. A knowledgeable wrongful death attorney could help guide you through the legal process.

What is a Statute of Limitations?

A statute of limitations is a time limit for filing a lawsuit. If someone does not bring their legal claim within the prescribed period, a court would most likely bar them from ever filing their lawsuit, regardless of the strength of their claim. Statutes of limitations prevent civil lawsuits from lingering over someone’s head as a threat forever. If courts allowed unlimited time for every lawsuit, claimants could file claims many years into the future, creating a potential backlog of cases for the courts.

In addition, statutes of limitations encourage the timely filing of lawsuits because cases might not be as strong if the parties wait too long. Over time, people’s memories become less reliable, so their accounts of what happened may no longer be accurate. In addition, it can be harder to locate evidence. Objects can become lost or misplaced, and witnesses can move or be unable to be located.

Although filing a lawsuit is probably not ideal for people dealing with fresh grief, meeting with a Burbank attorney to discuss the details of an untimely death statute of limitations might be wise.

Relevant Statutes of Limitation for Wrongful Death

The state legislature sets statutes of limitations and can vary significantly depending on the type of proposed legal action and whether there are any exceptions.

Wrongful Death Statute of Limitations

The standard statute of limitations for most wrongful death claims in this state is two years. Surviving family members in Burbank must file lawsuits within two years after the date that their loved one died due to someone else’s actions. While the statute of limitations for most causes of action begins on the date of the defendant’s negligent or intentional act, the statute of limitations for a wrongful death lawsuit does not start until the decedent dies. For example, suppose someone is in a serious automobile crash caused by a drunk driver and is in a coma for two years before dying from their injuries. The statute of limitations does not begin until their date of death.

Medical Malpractice Deaths

California law treats medical malpractice deaths differently. Sometimes, families are unaware that their loved one died due to a medical mistake. The state gives families one year from the date of their loved one’s death to discover the malpractice. However, they must file suit within three years of the death.

Lawsuits Against the Government

If a claimant wants to sue a government agency or authority, they have a much shorter time. Generally, claimants must file suit within six months.

Lawsuits Involving Minors

When a child loses their parent in a wrongful death, they have until two years after they turn 18 to file suit.

Speak to a Burbank Attorney About Wrongful Death Statutes of Limitations

Wrongful death lawsuits are difficult. You are dealing with immense grief. Trying to figure out confusing legal requirements can be overwhelming, which is why it is important to reach out to a seasoned legal team. We could help you adhere to the Burbank wrongful death statute of limitations and other critical rules. Contact our office today to discuss your case.