Personal Injury Law
Personal Injury Law Question? Ask Personal Injury Lawyers.
Hello, and welcome. I am a licensed attorney and happy to assist.
A deposition is a way of gathering information in a lawsuit. It is part of the process and does not terminate a party's involvement. However, if you are not a plaintiff or defendant, but only a witness, there's a chance that after the deposition is taken, your further involvement will not be needed That's because after all of the discovery process is complete, both sides have all the information they're likely to get and settlement usually follows.
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I'm so sorry to hear the of the circumstances. It is true that, under California law, the plaintiff's claims and causes of action are extinguished upon the death of that plaintiff. That said, you are not prevented from bringing a wrongful death claim if you feel the rehab center contributed to circumstances surrounding your daughter's death. That particular statute of limitations begins to run on the date of her death and is a completely separate action that you may or may not choose to pursue. Your daughter's prior deposition testimony is admissible in any such lawsuit.
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Best of luck to you and your family.