Wrongful Death Statute of Limitations

Was someone you love was killed due to someone’s negligence? Learn about wrongful death statute of limitations and how long you have to file a claim in this video by Ventura wrongful death attorney Craig Murphy.

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How long you have to bring your case in Ventura County depends upon the nature of the negligence that caused the wrongful death. That will determine how long you have. For example, if there was a car crash that injured your loved one and they passed as a result of that car crash, you have a two-year statute of limitations or two years in which to settle the claim or file a lawsuit. If you fail to do that, then you lose any chance of getting compensation.

What if, however, there was a medical procedure that caused the death of your loved one? It is a medical negligence claim that resulted in the wrongful death. In that situation, you have one year. However, that time period is even shorter because under California law, you have to give notice to the hospital or doctor that you claim has committed malpractice within three months before the expiration on the statute of limitations, so you’ve really got nine months. If your claim is against a governmental entity here in California, the time frame can be shrunk down to six months.

Here’s the bottom line. If a loved one, a close family member, has been killed by someone’s negligence, do not delay in contacting an attorney. If you delay and don’t contact an attorney, you could be putting yourself at risk for not being able to get compensation.

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