How Long Do You Have to File a Wrongful Death Claim After the Camp Fire?

It has been several months since the Camp Fire in November 2018 in California, but individuals are unfortunately coming forward every week with the claims that their loved ones have been killed in this horrific and preventable accident. In fact, just this past week, two more names have been released due to the devastating fire: 74-year-old Robert Quinn and 93-year-old Berniece Schmidt.

This horrific fire has decidedly become the deadliest and most destructive wildfire in all of California history, destroying tens of thousands of homes and taking over 80 lives for those who were unable to escape. According to research and lists of those who have perished in the fire, the elderly were the most likely to lose their lives in these accidents, with many people in their 70s, 80s, and 90s unable to escape and being killed within hours of the blaze starting. As a result, family members wonder how they will be able to move forward with claims and how much time they have to file.

How Long Do You Have?  

Because the Camp Fire happened so many months ago, you might be concerned and worry as if time is running out when it comes to your case and the reality of your situation. Many people want to take some time to work through the emotions of losing a loved one before they rush into attempting to move forward with their case. After you have taken the time to get used to the idea of receiving compensation for a wrongful death, you might wonder how long you have to file.

Every state has its own guidelines when it comes to wrongful death cases. In California, the statute of limitations on these cases is two years from the date of the decedent’s death. If the case is not filed in court within two years, you will almost certainly lose the right to bring your claim for damages. If your loved one has not been identified following the Camp Fire and they are still missing, the clock won’t stop ticking away on your claim until they have been successfully identified and you are certain that your loved one lost their life in this horrific incident.

Am I Permitted to File?  

The other question to ask is: Are you permitted to bring a wrongful death claim on behalf of your loved one? If you are simply the friend of a loved one or a distant relative who has not suffered extreme losses, you might not qualify to bring one of these specific claims. Only certain parties will be able to bring these claims on behalf of a loved one such as a surviving spouse, domestic partner, or the surviving children of a parent who was killed. It is important to know where you stand when it comes to your claim so that you know how to move forward.

At Marlene Leiva Law Group, we care about the outcome of your case after you have lost somebody close to you and are faced with the decision of bringing a wrongful death claim against PG&E during this difficult time. We understand that you will be required to gather evidence and go against big insurance companies in the midst of your case, which is why we would like to offer you help in the midst of your Camp Fire lawsuit. Contact us to find out how we can help in your time of need at 415-459-7300.