In most situations, in California, you have two years from the date of the initial injury that caused the death to file a lawsuit. There are a few exceptions, especially in cases of a minor claimant.
However, in cases where the alleged wrongdoer is a governmental agency, before filing a lawsuit, a formal governmental claim must be filed and denied. The governmental claim must be filed within 180 days of the initial injury (there are a few exceptions). The lawsuit must be filed after a denial of the claim but within 180 days of the denial.
Get yourself a consultation with a law firm that is very experienced in governmental personal injury claims to be sure that there isn't some way to get around the timing requirements outlined above. The best personal injury law firms will usually provide a free consultation to injured victims and the family of deceased person.
John Bisnar, Bisnar|Chase Personal Injury Attorneys. http://www.BestAttorney.com. 800-956-0123
Answered on Sep 27th, 2011 at 3:18 PM