When you lose a loved one because someone acted negligently, you may want to file a wrongful death claim. However, taking legal action soon after a tragedy can feel frustrating or overwhelming, prompting you to delay your lawsuit. Unfortunately, delaying your claim for too long could prevent you from receiving the compensation you deserve.
Although it may seem like a long time, the Bakersfield wrongful death statute of limitations is only two years, making it critical to collect evidence early to build a strong case. An experienced wrongful death lawyer could explain the nuances of the statute and help you secure the money you deserve.
Generally, the clock for the statute of limitations of a wrongful death case starts running on the date of an individual’s death. However, there are exceptions based on the discovery rule. This rule allows the deceased’s family two years from the time they became aware that negligence caused the death of their loved one to file a lawsuit. This is applicable in cases where the date of death and the date of discovery are different.
If the government agency is at fault for a Bakersfield individual’s passing, the wrongful death statute of limitations is only six months from the date of death. The process of filing a claim against a government entity is more complicated. Before even filing a claim, the deceased’s family must provide a notice of their plans to sue.
An experienced attorney could help family members navigate complex cases and adhere to all the strict deadlines.
With the assistance of an experienced attorney, two years is enough time to build a strong case against the at-fault party. The faster the deceased’s family initiates legal action for a wrongful death lawsuit, the easier it will be to recover damages. Delays can result in several issues, including:
Consulting with an attorney immediately after your loved one’s death can initiate legal proceedings. Your compassionate legal team could start collecting evidence and serving relevant documents as soon as possible, increasing your chances of recovering maximum compensation.
Understanding the Bakersfield wrongful death statute of limitations is integral to avoiding potential deadline issues when filing a claim. An attorney could help explain how this statute works and which exceptions apply to your specific case.
If you lost a loved one because an individual or entity acted negligently, you are likely looking to pursue compensation. The experienced legal team from Colvin Accident Lawyers could help you navigate the complexities of your wrongful death case and represent you in court. Contact us today to schedule a free case review.
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