Statute of limitations to sue county in CA 4 wrongful death? We filed an admin claim within time period as required. Also can I sue if son was married?
What is the statute of limitations? Also, do I even have a case as the parent of an adult who was shot by police. I feel it was excessive. One lawyer said only his Wife/Widow would have a claim. Is that true?
A Parent normally would not be in a position to make/prosecute a claim against the police for excessive force or against anyone, really, for the death of his/her adult child. An exception may exist for one being supported by the adult child. You should consult with an attorney as to your circumstances, as well as the facts leading to your son's death.
I'm sorry to hear about your loss.
I recently settled a similar case - police shot and killed a man. I represented several members of his family in a wrongful death lawsuit. The deceased adult's mother, 3 minor children and one adult child all made a claim and were included in the final settlement.
Please be aware that when the police (or any governmental entity) are involved, different rules and time limits apply.
Whether you contact me or another attorney, you should do so immediately to discuss the particular facts of your case.
Two year statute of limitations. Contact a local lawyer to discuss the facts and circumstances.
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BE ADVISED THAT THE STATUTE OF LIMITATIONS TO BRING A WRONGFUL DEATH ACTION IN CALIFORNIA IS ONE (1) YEAR FROM THE DATE OF DEATH. I have attached a link providing you with this information below.
Typically the spouse has the priority when it comes to bringing an action for wrongful death. Obviously there may be circumstances which may be extenuating. You should speak with a local personal injury attorney to discuss this issue. Consultations are typically free.
As for the Excessive Force issue. You may want to inquire as to whether there was a departmental inquiry into the shooting. If not, you possibly could address the issue with the police agency's Internal Affairs Department.
I wish you the best of luck.
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Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
Where there's no will the spouse would normally be in the preferred position to be administrator of the estate and so yes, if you've received that advice from an attorney whom you have not retained, you can certainly go for a second opinion.
There is no way any attorney can help you determine if force was excessive without review of all of the facts, and I know that there are many good trial attorneys in LA, and so as a family, your best option is to go together to such an attorney.
Personal injury attorneys nearly always give a free initial consultation.
The insurance industry’s own statistics indicate that once an attorney becomes involved, the value of any claim at least doubles.
Put those two facts together and it is in your best interest to retain experienced legal counsel at your earliest possible convenience.
I truly wish you the best.
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This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies. In the event that you have follow up questions, please post them directly on this site. This does not create an attorney-client relationship and the attorney does not read unsolicited emails. Thank You.
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