Tag Archives: statute of limitations

Can Minors File a Wrongful Death Case?

Under California Code of Civil Procedure 377.60, a minor who is the child of a deceased person who was a victim of someone else’s negligence, may have the legal right to file a wrongful death case under certain circumstances. If your parent died as a result of someone else’s recklessness or carelessness in the state of California, you may have the right to file a wrongful death case. Learn more about your legal rights below and by contacting an experienced wrongful death attorney today.

Wrongful Death

Wrongful death is any circumstance in which a person dies as a result of injuries inflicted upon them directly resulting from another person’s negligence or recklessness. Wrongful death cases can include deaths resulting from car accidents, medical malpractice, trucking accidents, slip and fall injuries, dog bite injuries, nursing home abuse and neglect and more. Any instance where a person dies as a direct result of someone else’s action or inaction can bring about a wrongful death claim in California.

Who May File a Wrongful Death Claim?

In California, a spouse, domestic partner, children, grandchildren, and other minor children who were at least 50% financially dependent on the deceased victim (including stepchildren) may have the legal right to file a wrongful death claim.

How Minors File a Wrongful Death Claim

If a minor child loses their only parent, or both parents, as a result of someone else’s negligence, they will first need to have an establishment of guardianship with another adult. A guardian will be named by the court if the parents did not make any provision for their child regarding guardianship in the event of their death. Once a guardian is established under the law, they will act as the legal representative of the child, and may file a wrongful death action on behalf of the child with respect to the loss of the child’s parent.

Statute of Limitations for Wrongful Death Claims

The statute of limitations (deadline by which a person must file a claim or lose the legal right to do so) in the state of California is two years from the death of the victim. While it may seem that two years is a long period of time, wrongful death claims often take a considerable amount of time to develop and can include detailed investigations involving expert witnesses. Time is of the essence, and if you have the legal right to pursue a wrongful death claim on behalf of a minor child, you should consider visiting with an experienced California wrongful death attorney as soon as possible.

Contact an Experienced Wrongful Death Attorney

Any loss of life can be devastating to family members. When a loved one is a parent, the minor child has lost an incredible amount of time, love, and guidance from them. If you believe that a minor child has the right to file a wrongful death case on behalf of their parent or guardian, contact The Law Office of Daniel H. Rose. We will work on your behalf to ensure that you understand your legal rights and that you receive justice. Contact our experienced wrongful death attorneys at 415-946-8900 or online today.