Wrongful Death Claims Must Be Filed Within The Pertinent Statute of Limitations says Los Angeles Nursing Home Abuse and Neglect Attorney Steven Peck

April 15, 2011

A wrongful death case is a civil case that is brought against another individual, a hospital, nursing home, because their negligence or willful act caused the death of a loved one. In most states, the deceased must be a close family member or a life partner, and the family member must suffer some emotional or financial trauma as a result. Types of cases include accidental deaths, occupational hazards, medical malpractice, Nursing Home Abuse and Neglect or even criminal acts says California Nursing Home Abuse and Neglect Lawyer Steven Peck.

Because laws in a wrongful death case might differ from state to state, family members need to pay attention and contact a lawyer immediately.

In California, the Statute of Limitations against a health care provider is one year from the date of death pursuant to Code of Civil Procedure 340.5 and against a non-health care provider two years from the date of death pursuant to Code of Civil Procedure 335.1. Time is critical due to statues of limitations, which if missed can result in losing the legal right to sue.

Although elderly residents are awarded certain nursing home rights, some facilities, either unknowingly or intentionally, may violate these basic rights. If you suspect your loved one is being abused in a nursing home or otherwise deprived of their nursing home resident rights, such as bed sores, dehydration, malnutrition, under staffing, physical abuse, you should immediately contact us toll free at 1.866.999.9085 or on-line at www.thepecklawgroup.com for a free thorough case review and evaluation. This case review is being offered at no cost and shall help determine whether you should take legal action on behalf of your elder / dependent adult loved one. We Will Help You!!!