The sudden loss of a family member usually triggers a profound emotional journey. Grief is not a singular experience. It is a lengthy process that tends to change a person forever. It may be months or years before a grieving person starts to feel like themselves again.
The sudden death of a spouse, parent or child can irrevocably alter an individual’s inner life and how they perceive the world. Those struggling to come to terms with a recent loss may have the right to file a wrongful death lawsuit.
California state statutes allow for litigation in cases where negligence or misconduct on the part of other people or businesses leads to someone’s death. Those with actionable circumstances may need to talk with a legal professional promptly, as their grieving process could undermine their right to take legal action.
The right to sue eventually expires
Those who have lost a loved one do not have the blanket right to take legal action after a tragedy. They must have enough evidence to make their claim viable, and they must act relatively quickly to hold the other party accountable.
California has a two-year statute of limitations on most personal injury lawsuits. Wrongful death lawsuits are a form of personal injury lawsuit.
Surviving family members and estate representatives have 24 months from the date of an individual’s passing to initiate a wrongful death lawsuit. Typically, it is necessary to begin gathering evidence and building a legal strategy with an attorney well before the two-year anniversary of an individual’s passing.
Sitting down to review what has caused a tragedy can help families understand their options. A wrongful death lawsuit can provide closure and financial relief, but families need to act, typically before they have come to terms with their grief. Seeking personalized legal guidance can help.
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