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What is the statute of limitations in California to file a…

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What is the statute...

What is the statute of limitations in California to file a wrongful death suit ? The issue is my brother's death due to non-treatment of pneumonia while in a skilled nursing facility. The death certificate confirms this cause.

Lawyer's Assistant: Can you tell me what state this is in? And do you have copies of the medical records?

The state is California as stated above. I requested the medical verbally in person and in writing. The facility at first asked for additional time to produce the copies. When that timeline was about to lapse, they told me that could not have copies because I was not my brother and he had not given prior permission.

Lawyer's Assistant: Has anything been filed or reported?

I was planning in doing that tomorrow. It will be the one year anniversary of his passing.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well, the facility called my sister the day before he passed. Short story, they told her they were transporting him to a hospital at approximately 3:45pm. They did not know his whereabouts until 12:45am. The hospital where he was taken was less than 5 miles from the facility. The ER doctors said and noted that his organ were already shutting down and they had no idea how he got in that condition under 24 hour care.

Submitted: 7 months ago.Category: Legal
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Answered in 2 minutes by:
11/28/2017
Lawyer: Ray, Lawyer replied 7 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,160
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 7 months ago

here are at least three (3) statute of limitations (time deadlines to settle or take certain legal action) to be concerned with in wrongful death claims in California:

  • In most situations, within two (2) years of injury or death. Calif. Code of Civil Procedure, Sect. 335.1
  • If based on health care provider negligence (medical malpractice), three years from date of injury or one year after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first. Calif. Code of Civil Procedure, Sect. 340.5.
  • If based on any government tort liability, including a car accident with a Los Angeles City vehicle or medical malpractice at a county or state hospital, like LAC + USC Medical Center or the Ronald Reagan UCLA Medical Center, then a government claim usually must be filed at the proper location within six (6) months of the injury.

I urge you to consult with local lawyer asap here to see if suit can be brought and you can have some justice from all of this.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 7 months ago
No problem. Thank you & will do !
Lawyer: Ray, Lawyer replied 7 months ago

Lawyer referral here

Contact the State Bar for Help

Prayers to you here, so sorry for for your loss of loved one.

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Customer reply replied 7 months ago
Thank you, ***** ***** needed. I am not in California, so I will need to handle this remotely at first. Is it possible to log in tomorrow and do a phone call ?
Lawyer: Ray, Lawyer replied 7 months ago

Yes or you can still post here after you rate if you have more followup.Good luck here.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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