Is it too late to file a wrongful death suit?

Asked almost 2 years ago - Pasadena, CA

My father was arrested in Aug 2006. We were never given any information to where he was until my mother went to the men's jail a week later. There, they told her he was at USC county hospital in ICU and that she'd better go see him immediately. Once she got there, the doctors told her he had been there, in a coma, for a week. We asked why we weren't notified right away. They said they asked the officers for a next of kin and were repeatedly told he had none, even though the FBI were involved and had been to our home the same day of his arrest. When we asked what happend, a nurse told us some details but made it clear to us that they "took pictures" when he was brought in. Unfortunately, he never woke up and we let him go a month later. Do we still have a case? Civil case?

Attorney answers (8)

  1. Malosack Berjis

    Contributor Level 20

    17

    Lawyers agree

    1

    Answered . I'm sorry to hear about what you and your family have been through. As for whether it is too late to file a wrongful death lawsuit, in California, the statute of limitations (SOL), on wrongful death cases, is two (2) years. And then, on top of that, any claims against governmental entities must be made within six (6) months.

  2. Robert Max Klein

    Pro

    Contributor Level 15

    15

    Lawyers agree

    1

    Answered . Sadly, it sure sounds like you are well beyond the applicable statute of limitations. Your best option at this point is call a lawyer who is familiar with excess force cases and see if there are other facts that may allow you to file a claim. Sorry for your loss.

  3. David B Pittman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    1

    Answered . Tough question. These are hard cases. There also might be an issue with the statute of limitations running. contact a local personal injury lawyer and get advice.

  4. Richard Andrew Harting

    Pro

    Contributor Level 18

    11

    Lawyers agree

    Answered . It appears the time limits have run. However, there are situations if you were a minor at the time that may allow extensions, but they will unlikely present here. You should consult with an attorney were more details of your specific situation can be explored.

  5. Glenn Tadaomi Honda Jr.

    Contributor Level 11

    10

    Lawyers agree

    Answered . I agree, I think you should contact a personal injury attorney. You need someone to look into all of the circumstances regarding your father's death.

  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . It appears that you are past the statute of limitations, but state laws vary as to SOL exceptions, so best bet is to call one of the lawyers in your state who answered above to discuss any possible exceptions. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  7. James Otto Heiting

    Pro

    Contributor Level 15

    7

    Lawyers agree

    Answered . There must be some reason that nobody did anything about this for the last 6 1/2 years!? If so, explore it further. If not, it is my opinion that you would be wasting your time. Sorry.

  8. Spencer Caswell Young

    Contributor Level 9

    6

    Lawyers agree

    Answered . You had 6 months from the date of his death to file a claim with the county in which he passed. The statute of limitations for wrongful death is 2 years. It appears you are too late by at least 4-6 years.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,380 answers this week

3,226 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,380 answers this week

3,226 attorneys answering