What Is California’s Wrongful Death Statute of Limitations?

The California wrongful death statute of limitations is two years from the date of the victim’s death. This means surviving family members have a two-year deadline to file a lawsuit to recover damages. If you attempt to bring a wrongful death lawsuit after the statute of limitations expires, your case will likely be dismissed, and you’ll lose your right to compensation.

If you lost a loved one due to another person’s negligence, you may be eligible to claim medical bills, loss of financial support, funeral costs, and other damages. However, it’s crucial to take action before the deadline to avoid missing your chance to claim financial relief for your family. At The Barnes Firm, our California wrongful death attorneys can help you navigate the process and handle the steps of filing your claim before time runs out.

Who Can File a Wrongful Death Claim in California?

In California, these family members or representatives may qualify to file a wrongful death claim:

• Spouse: The decedent’s spouse or domestic partner has the primary right to file a claim.
• Children: The victim’s children can file a claim when there is no surviving spouse.
• Parents: Parents of the deceased person can file a claim when there is no spouse or children.
• Grandchildren: If there is no surviving spouse or children, grandchildren may be eligible to file suit.
• Minor dependents: In some cases, minor dependents have the right to bring a lawsuit through an appointed guardian.
• Other relatives: If the decedent has no surviving spouse, children, or parents, California’s intestate succession law applies, and other relatives, such as siblings, may file a claim.
• Personal representative: A representative of the deceased person’s estate may also file a lawsuit.

The types of damages available will depend on the relationship of the person filing the claim to the decedent. Additionally, the filing process may differ between eligible parties.

Standard Statute of Limitations for Wrongful Death Claims in California

Under California law, wrongful death claims must be initiated no more than two years after the death. It’s important to understand that, in most cases, the date of the victim’s death is when the two-year timeline starts. It is not when the negligent act that led to the wrongful death occurs.

For example, a person can be seriously injured in a motor vehicle crash but not pass away for several weeks or months after the accident. In this case, the deadline for family members to bring a wrongful death lawsuit would start on the date their loved one succumbed to their injuries.

Why Acting Quickly Matters

Although the two-year statute of limitations in California may seem like a long time to pursue a wrongful death lawsuit, several steps are necessary to file a claim successfully. Your family must determine who is liable for your loved one’s death, if you are eligible to bring a claim, and how to move forward with a civil action. If you wait too long to start, you risk missing the deadline to recover damages.

Taking swift action will do the following:

• Protect your legal right to sue
• Preserve essential evidence to support your case
• Increase your chance of recovering compensation for your losses

While nothing can undo the loss, acting quickly to file a lawsuit can also give your family a sense of closure and hold the responsible party accountable for their negligence.

Our team can guide you through this difficult time while managing the filing process and ensuring you meet the strict deadlines of your case.

Exceptions That Can Change the Timeline to File a Wrongful Death Claim

While the standard deadline to file most wrongful death claims in California is two years, there are exceptions to this rule that either shorten or extend the timeline for filing. Speak with an experienced attorney to see if exceptions apply to your case and how long you have to file your claim.

California Discovery Rule for Wrongful Death

One key exception to that statute of limitations is the so-called discovery rule. Because some causes of death are not immediately apparent, surviving family members may not learn of the connection to negligence right away. Under the discovery rule, the clock for filing suit does not begin ticking on the date of death. Instead, the time starts to run when the cause of the individual’s death is discovered or should reasonably have been discovered through reasonable diligence.

Another notable exception to the wrongful death statute of limitations involves medical malpractice in California. California has a separate statute of limitations for medical malpractice cases that incorporates a version of the discovery rule. If a death occurs due to medical malpractice, the family has three years from the date of the incident or one year after they discover, or should reasonably have discovered, the injury, whichever occurs first.

Suing a Government Entity for Wrongful Death in California

Filing a claim against a government agency or employee in California follows a much tighter deadline than standard wrongful death cases. According to the California Tort Claims Act, you must follow this process:

• Within six months of the wrongful death, file a claim directly with the government entity’s board or clerk.
• The agency has 45 days after receiving your claim to agree to a settlement or reject it.
• If your claim is rejected, you can sue the government entity within six months of receiving your “right to sue” letter.
• If the agency did not respond to your claim after 45 days, you have two years from the date of the wrongful death to file your claim.

The Defendant Conceals Facts or Leaves California

If the at-fault party leaves the state, the statute of limitations may be paused or tolled until they return to California. Additionally, the court may pause the two-year deadline if the defendant committed fraud or tried to cover up facts that would affect your case. The timeline would then start from the date the fraud was discovered.

How a Wrongful Death Lawyer Can Protect Your Rights

Even when you know how long you have to file a wrongful death lawsuit in California, the process is still complex and can easily become overwhelming for those without any legal experience.

Working with a wrongful death lawyer can help your family seek the maximum compensation available for your losses. A qualified attorney will handle all the following steps and more:

• Conducting a thorough investigation to prove negligence and liability
• Gathering vital evidence to build a strong case
• Ensuring timely filing of all necessary documents
• Identifying and calculating economic and non-economic damages
• Negotiating with insurance companies for a fair settlement
• Representing you in court before a judge and jury

Additionally, our San Diego personal injury attorneys provide compassionate support and guidance throughout the process. We understand that you’re going through an unimaginable loss, and we will do everything possible to help you achieve the best possible outcome for your case.

Contact a Wrongful Death Lawyer at The Barnes Firm Today

As one of America’s largest personal injury law firms, The Barnes Firm has the knowledge and resources to handle complex wrongful death cases in California. We prioritize personalized service to help our clients achieve the best possible results.

Our attorneys offer free consultations with no obligation to work with our team. We will listen to your story, explain your rights, and explore all available options to claim compensation. There is no upfront cost to hire our attorneys and no fee unless you get paid. If you decide to work with our team, you’ll quickly learn why you made the right choice.

Contact us for your free case evaluation today. We are available anytime, including after hours and weekends, to assist families grieving the loss of a loved one due to wrongful death.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes