Modesto Wrongful Death Statute of Limitations

Under state law, the Modesto wrongful death statute of limitations for claims is two years from the date of the person’s death. However, strict deadlines apply, and various exceptions can extend or reduce this time frame. A wrongful death attorney from Curtis Legal Group could evaluate your case and answer any questions you may have.

The Two-Year Rule for Wrongful Death Lawsuits

California Code of Civil Procedure § 335.1 sets the general time limit for wrongful death lawsuits in Modesto at two years from the date of death. This rule applies regardless of the cause of death and includes:

• Car crashes
• Defective products
• Dangerous work conditions

Because wrongful death lawsuits involve multiple steps, including investigation, evidence gathering, and identifying all responsible parties, it is important to contact our lawyers as soon as possible to initiate the claims process.

Suing a Government Entity for Wrongful Death

California Government Code § 911.2 requires that you file a written government tort claim within six months of the death. This applies to cases involving entities such as the Modesto City Schools, Stanislaus County, Modesto Police Department, or the City of Modesto.

If the government denies the claim or does not respond, you can bring a wrongful death lawsuit in Modesto, but only within a specific claim period after the denial. Contact our attorneys immediately to comply with this administrative process.

The Discovery Rule Can Extend the Time Frame

The discovery rule extends the statute of limitations in Modesto wrongful death cases where the cause of death was not immediately known.

State courts stipulate that the limitations period begins when the plaintiff suspected or should have suspected that wrongdoing caused the harm. This rule commonly pertains to cases involving toxic exposure or concealed vehicle defects.

However, courts will not automatically apply the discovery rule. Your attorney must present sufficient evidence showing you could not have reasonably discovered the cause of death earlier to extend the filing deadline.

Military Duty, Out-of-State Defendants, and Minors

Under California Code of Civil Procedure § 352, paused statute of limitations apply in the following Modesto unlawful death cases:

• If the defendant has fled the state, a suspension may apply
• If the plaintiff is under the age of 18, they have two years after their 18th birthday to file a lawsuit
• If the plaintiff is on active military duty, the Servicemembers Civil Relief Act can pause the statute until their service ends

A lawyer could review your wrongful death case to determine whether the statute of limitations may be paused.

Consult a Modesto Lawyer To Ensure You Adhere to the Wrongful Death Statute of Limitations

With over 40 years of legal experience, our skilled legal team represents clients who have suffered injuries or tragic losses. If you have questions about your rights or the Modesto wrongful death statute of limitations, our team could help you understand the timeline and take immediate action. Contact us now to set up a free case review with one of our attorneys.