Code of Civil Procedure section 335.1: Within 2 years of the incident. Don't even think about filing a lawsuit until you have retained an attorney. All of the defendant's affirmative defenses still apply.
I am not your attorney. Avvo and its users acknowledge that no attorney-client relationship is established by using avvo.com. Nothing published in this website constitutes actual legal advice. You should consult with an attorney of your choice who has experience in your inquired field of law. If you are in California and have questions about estate planning, I'd be happy to receive your call.
Sorry for your loss.
Consult with local Personal Injury counsel.
Civil standard is lower than criminal and there are likely additional defendants in the Civil case.
You can sue him civilly within 2 years of the fight. Finding of not guilty in criminal case does not bar civil case. There is a higher standard of proof reqd in criminal cases, than civil. OJ was found not guilty in criminal case, but found liable in civil case brought by family.
Depending on the unique circumstances of the fight, you could have a claim against either the defendant in the criminal case or against the bar. The outcome of the criminal case does not preclude you from filing a civil case. However, you should discuss your potential civil lawsuit with a local personal injury lawyer as soon as possible. If you need help finding a lawyer, you can use AVVO's Find a Lawyer tool or you can contact your local bar association for recommendations.
I'm very sorry to hear about what happened to your father. You need to consult with some personal injury attorneys regarding the viability of pursuing a wrongful death claim. The fact that your father was the aggressor is potentially a huge problem for pursuing a wrongful death claim. So, you need to have a thorough discussion with an attorney regarding the details of how the fight occurred. Best of luck.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline