Setareh Law
August 25, 2024
Losing a loved one is undoubtedly one of the most difficult experiences anyone can go through. When that loss is a result of negligence or misconduct on the part of a government entity, the pain and frustration can be even more overwhelming. If you find yourself in this situation, wondering if there is any recourse available to you, the answer is yes – you can sue the city for wrongful death in California.
At Setareh Law, we understand the immense emotional and financial toll that comes with losing a loved one due to the actions or inactions of a city or municipality. Our experienced team of attorneys is here to guide you through the process of seeking justice and holding those responsible accountable for their actions.
Suing a Government Entity in California
In California, the law allows for survivors to pursue legal action against a city for wrongful death if certain conditions are met. These include proving that the death was caused by the negligence or wrongful act of a city employee and that the survivors have suffered damages as a result of the death.
Survivors may also be able to pursue legal action against a city if the death was caused by a dangerous condition on city property, such as a poorly maintained road or sidewalk. In these cases, the city may be held liable for failing to properly maintain its property and for creating a hazard that led to the death of the individual.
Who Can File a Wrongful Death Lawsuit in California?
Typically, the immediate family members of the deceased, such as spouses, children, and parents, are eligible to bring forth a wrongful death claim. In some cases, other dependents or individuals who can demonstrate a financial loss resulting from the death may also have the right to file a lawsuit.
Statute of Limitations for Wrongful Death Cases in California
The statute of limitations for wrongful death cases in California is two years from the date of death or injury, depending on the circumstances of the case and the identity of the defendant. Consulting with a knowledgeable attorney can help navigate the complexities of the statute of limitations and ensure that your case is filed appropriately and in adherence to the established time constraints.
Certain exceptions to this rule allow legal action to be taken even after the deadline has passed. One common exception to the wrongful death statute of limitations in California is if the deceased was a minor at the time of their death. In these cases, the statute of limitations may be extended until the child reaches the age of majority. This allows for the parents or guardians of the deceased to seek justice on their behalf, even if the incident occurred years earlier.
Additionally, if a criminal case is opened in relation to the wrongful death, the statute of limitations may be paused until the criminal proceedings have concluded. This means that the family of the deceased may still be able to file a civil lawsuit for wrongful death after the criminal case has concluded, even if the statute of limitations has technically expired.
Contact Our California Wrongful Death Attorneys For Skilled Representation
Surviving family members have the right to seek justice and hold cities accountable for wrongful deaths that occur as a result of negligence or dangerous conditions. By working with an experienced attorney, individuals can pursue the legal action necessary to obtain the compensation they deserve and ensure that responsible parties are held accountable for their actions.
At Setareh Law, we have years of experience representing clients in wrongful death cases against government entities, including cities in California. We understand the nuances of these types of cases and are dedicated to providing our clients with the highest level of legal representation and support. Schedule a consultation with our legal team by calling (310) 659-1826 or filling out our contact form.
