How long do I have to file a wrongful death claim?

In California, the deadline to file a wrongful death claim is two years from the date of death. The deadline to file a claim is important because after the two-year statute of limitation, the claim will usually be barred from court. In California, there are exceptions to the two-year deadline. In some cases, the clock can start ticking from a different date. Also, if fraud or intentional cover-up is involved, the deadline might be extended to four years. If the deceased person was a minor at the time of his or her death, the deadline for filing the wrongful death claim would not begin until the minor reaches 18 years of age. There is also an exception related to wrongful death claims stemming from medical malpractice. In these cases, the two-year statute of limitations begins ticking on the date the injury was or should have been discovered—not on the date of death. Lastly, when a government entity is involved, the deadline to file a claim is limited to six months. It is important to note that the statute of limitations is a strict deadline. If the claim is not filed before the two-year window closes, it will be barred from court, so it is important to talk to a wrongful death attorney to ensure the claim is filed before the statute of limitations expires.

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How long do I have to file a wrongful death claim?

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