What is the statute of limitations for filing a wrongful death claim in a car accident case?
In the state of California, the statute of limitations for filing a wrongful death claim in a car accident case is two years. This means that the family or other representatives of the deceased have two years from the date of the car accident to file a legal claim. The two-year deadline begins to “run” on the day of the car accident. In other words, after two years, the right of the family to file a wrongful death claim in a car accident case expires. It is important to note that the two-year statute of limitations only applies to wrongful death claims. Wrongful death claims are claims that are brought by the family of the deceased because of their loved one’s wrongful death. Any other claims arising out of a car accident, such as personal injury claims, can have a different statute of limitations. Personal injury claims typically have a three-year statute of limitations in California. Furthermore, the statute of limitations can be affected by other variables, such as if a government employee was involved in the accident or if the accident was due to a dangerous condition of public property. In these instances, a different statute of limitations may apply. It is important to consult an attorney to confirm the specific statute of limitations for a particular claim. An attorney can also help ensure that the claim is filed within the required time period.
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