What are the essential dates for filing a claim in a personal injury case?

California, United States of America


The following excerpt is from Rupp v. Kahn, 246 Cal.App.2d 188, 55 Cal.Rptr. 108 (Cal. App. 1966):

2 Although the essential dates are not actually alleged, the copy of the claim attached as an exhibit to the complaint suggests that the filing was timely. In the claim form, the date of death is stated as being December 21, 1962. The claim was filed on March 6, 1963. Unless it preceded the publication of the notice to creditors, it must (if the date of death is correctly given) have been filed within six months after that publication. Express and verified allegations should easily be forthcoming.

3 Modified in Brodzinsky v. Pulek (1962), 75 N.J.Super. 40, 182 A.2d 149.

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