How Long do you have to file a Wrongful Death Suit

If you live in Fresno, California, and lost a loved one due to another person’s negligence, you might have the possibility of initiating a wrongful death suit. According to Fesno wrongful death lawyers, you have two years to file a wrongful death claim.

If there are more than two years since your loved one passed, you might not be able to file a claim any longer, but it strictly depends on your case’s circumstances. However, you must ensure that you are eligible to file such a claim.

Who Can Initiate a Wrongful Death Lawsuit in California

In California, the right to initiate a wrongful death lawsuit is reserved for the deceased’s closest family members. If someone can be held liable for the death of your loved one, you should file a claim only if they were your:

Spouse

If your spouse died due to someone else’s negligence, and you were legally married when the incident occurred, or you were their registered domestic partner, then you have the right to initiate a wrongful death claim.

If the court deems you legally incompetent or you choose to waive your right of priority, then other family members can initiate the claim.

Child or Children

If the deceased was your child or your parent, then you also have the right to initiate a wrongful death claim. Even adopted or stepchildren have this right, but if they are minors, an appointed guardian will help them initiate the claim. If there are no surviving children of the deceased to bring forth a claim, then their grandchildren can take up this role.

If you were a minor under the care of the deceased for over six months and depended on them for care, then you can also initiate a claim even if you are not their legal child. 

Other Parties Entitled to Pursue Wrongful Death Claims in California

Apart from the deceased’s closest family members, other entities have a right to pursue a wrongful death lawsuit in California, such as heirs or the next of kin. Heirs can initiate these claims if the other family members are also deceased and if there aren’t any other individuals entitled to inheritance.

If there are no other surviving close relatives to the deceased, then their next of kin are eligible to file wrongful death lawsuits against the negligent party. As a last resort, a personal representative of the deceased’s estate can be established by the plaintiffs who want to initiate a wrongful death lawsuit and represent their interests. 

No matter who you are in relation to the deceased loved one; justice must be served. Contact a compassionate wrongful death attorney right away to help you out with your claim and better understand California’s wrongful death laws and statute of limitations. Even if there are two years since the death of your loved one, there might still be some legal routes left to take to ensure that you receive the justice that you and your loved one deserve.