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What Is the Statute of Limitations for Wrongful Death Claims in California?

Losing a loved one due to someone else’s negligence is devastating. While no amount of compensation can replace them, a wrongful death claim can help ease the financial burden and hold the responsible party accountable. However, California law sets a strict deadline—known as the statute of limitations—for filing these claims.

Missing this deadline could mean losing your right to seek justice. Here is what you need to know about the statute of limitations for wrongful death claims in California and how it may affect your case.

How Long Do You Have to File a Wrongful Death Claim in California?

Under California Code of Civil Procedure § 335.1, the statute of limitations for most wrongful death claims is two years from the date of death. This means that if a loved one passed away due to another party’s negligence, you have two years to file a lawsuit.

If the claim is not filed within this period, the court will likely dismiss the case, and you will lose the ability to recover compensation.

Exceptions to the Two-Year Statute of Limitations

While the general rule is two years, there are important exceptions that could shorten or extend the deadline.

1. Medical Malpractice Wrongful Death: Three-Year Rule

If the wrongful death was caused by medical malpractice, a different statute of limitations applies. You must file within:

  • Three years from the date of death, or
  • One year from the date you discovered (or should have discovered) the malpractice, whichever comes first.

2. Government Liability: Six-Month Deadline

If a government entity is responsible for the death—such as in cases involving public hospitals, government vehicles, or unsafe public property—you must first file an administrative claim within six months of the death. If the claim is denied, you have six more months to file a lawsuit.

3. Delayed Discovery Rule

In some cases, the cause of death may not be immediately clear. If new evidence emerges that reveals the death was wrongful, the statute of limitations may start from the date the cause was discovered rather than the actual date of death. However, this is rare and requires strong proof.

4. Wrongful Death of a Minor

If the deceased was a minor, different rules may apply, depending on the circumstances of the case. An attorney can help determine the specific deadline.

Who Can File a Wrongful Death Claim in California?

Under California Code of Civil Procedure § 377.60, only certain individuals can file a wrongful death claim, including:

  • The deceased person’s spouse or domestic partner
  • Their children
  • If there are no surviving spouses or children, other dependents such as parents or stepchildren may be eligible

Why the Statute of Limitations Matters

Filing a wrongful death claim within the deadline is critical. If you wait too long:

  • Your case may be dismissed, leaving you without compensation.
  • Evidence can disappear, making it harder to prove negligence.
  • Witnesses’ memories may fade, weakening your case.

By acting quickly, you improve your chances of securing justice and financial support for your family.

Do Not Miss Your Deadline—Get Legal Help Today

If you lost a loved one due to someone else’s negligence, do not wait to take legal action. The statute of limitations for wrongful death claims in California is strict, and missing the deadline could cost you your case.

We understand how difficult this time is, and we are here to help. Call us today for a free consultation, and let us guide you through the legal process. We do not charge any fees unless we win your case.