California law imposes strict time limits for filing wrongful death claims. These deadlines vary significantly based on numerous case-specific factors and circumstances.
For general educational purposes only: Some wrongful death cases in California may be subject to a two-year filing deadline from the date of death. However, this is merely one example of many possible scenarios. Your specific case may have completely different deadlines – shorter or longer – depending on factors such as the cause of death, parties involved, government entities, discovery of facts, and other circumstances that only a qualified attorney can evaluate.
This general information does not apply to your specific situation and should not be relied upon for any legal decisions.
You must consult with an attorney immediately to determine the actual deadlines that apply to your particular case. Only an attorney licensed in California who has reviewed the specific facts of your case can advise you of applicable time limits.
Contact an attorney today – your actual deadline may be much shorter than any general information suggests.
What is a Statute of Limitations for Death Cases?
A “statute of limitations” is a procedural court rule that requires lawsuits to be brought within a certain time period. If the case is not filed by this deadline, it cannot be brought in court and will be dismissed.
In many California wrongful death cases, missing the filing deadline can permanently bar surviving family members from recovering compensation in court. That is why it is important to identify the correct deadline as early as possible.
There can be limitations to the statute of limitations in California.
However, there is an important exception to the statute of limitations known as the “discovery rule.” In cases where the cause of a person’s death was not apparent when the individual died, but the cause is later discovered, this might extend the amount of time that person’s family has to file a wrongful death lawsuit.
If the discovery rule applies, the statute of limitations can be two years from the date on which the cause of death is ascertained. There are further exceptions to the discovery rule that a wrongful death lawyer can help you understand.
The discovery rule may apply when surviving family members did not know, and reasonably could not have known, that negligence or wrongful conduct caused the death. In those situations, the filing period may begin when the family discovered or reasonably should have discovered the facts giving rise to the claim.
If the wrongful death case is against a public entity, for instance if there is a road design case against the state of California, the heirs of the deceased person only have six months to file a claim with that public entity. Then, typically within 45 days the public entity will deny the claim and the heirs have another six months within which to file a lawsuit.
If it’s a minor, there are special rules. If it’s only a minor who’s suing for the death of a parent then they have until two years from the day they turn 18. And then finally, if it is a medical malpractice case (which GJEL Accident attorneys does not handle), there are special rules there regardless of whether its wrongful death or whether its personal injury.
And in that kind of case you generally have only one year from the date of the death…and even that rule has exceptions, but these are some good general rules.
In some cases, the time limit may also be paused, or “tolled,” for reasons unrelated to discovery. For example, if a defendant leaves California after the incident, the statute of limitations may be paused while that person is outside the state. There may also be special rules when the death was caused by criminal conduct that led to a felony conviction.
Every state has limits on the amount of time a person has in which to file certain legal claims, referred to as a “statute of limitations.” These time limits can vary significantly from state to state and from one type of case to the next. For this reason, if you have lost someone you loved due to another person’s actions in California, it is important to understand the statute of limitations for wrongful death actions under our state’s law.
Sorting through state laws to find the correct statute of limitations can be a daunting task. To further confuse matters, the statute of limitations for wrongful death claims can vary depending on the underlying cause of the death. The best way to be sure about the statute of limitations in your individual case is to discuss the matter with a highly experienced California wrongful death attorney. In the meantime, here is some brief information regarding the statute of limitations for wrongful death actions in California.
Primary Statute of Limitations in California
The statute of limitations that applies to the majority of wrongful death cases can be found at Section 335.1 of the California Code of Civil Procedure. Specifically, the law states that any action resulting from the death of a person caused by the negligence or wrongful act of another party must be filed within a specific period. Only an attorney who you have hired can consult and provide advise on this.
In many standard cases, that deadline is two years from the date of death. This is the general rule many families hear first, but it is not the only rule that may apply.
For example, if a car accident instantly killed a victim, the surviving family members might have two years from the date of the accident to file a claim. On the other hand, imagine an accident that caused a serious brain injury and the victim remained in a coma for a full year before they passed away. The family would calculate the deadline to file the lawsuit from the date of death, not the date of the accident that caused the injuries that eventually led to death.
Medical Malpractice
Note: GJEL Accident Attorneys does NOT handle Medical Malpractice cases. To find a Medical Malpractice attorney please check with the California State Bar.
California Code Section 340.5 sets out the time limit if a death was caused by the negligent actions of a medical professional. In such cases, the family members have three years from the date of the injury to file a claim OR one year from the date the injury was or should have been discovered. This can get complicated and it is important to discuss the statute of limitations with a lawyer immediately if you believe your loved one was a victim of medical malpractice, and in those situations consulting a medical malpractice wrongful death attorney can help you determine the correct filing deadlines and preserve your rights.
Medical malpractice timing rules are especially technical because the deadline may depend on when the injury was discovered and whether the outside three-year limit applies first. These cases should be reviewed by a qualified attorney as soon as possible.
Cases Where The Government was at Fault
If a government entity or employee was responsible for the wrongful death, you only have six months to file a claim. This can include car accidents with city vehicles, malpractice at a government-run medical center, accidents at public schools, and more. Time is certainly of the essence in any case involving the government, so consult with an attorney immediately.
In these cases, filing the administrative claim is a required first step before a lawsuit can proceed. If the claim is denied, the family generally has six months from the date of rejection to file suit.
Special Timing Rules That May Apply
Some wrongful death cases involve less common timing rules that can still have a major impact on a family’s rights. For example, minor children may have additional time because the statute can be tolled until age 18, after which they may have two years to bring a claim. In other situations, a felony conviction related to the death may create a different filing analysis under California law. Because these exceptions are highly fact-specific, families should never assume the standard two-year rule is the only deadline that matters.
Don’t Let The California Statute of Limitations Expire
Because the application of the statute of limitations in California is strict and this rule may prevent you from having your claim heard in court, you should contact a lawyer right away following the wrongful death of a loved one. A lawyer can help you ensure that you file your lawsuit before this deadline passes.
Acting quickly also helps preserve evidence, identify the proper defendants, and make sure any required pre-lawsuit claims are filed on time. Waiting too long can create avoidable risks even before the statute of limitations actually expires.
Sources
If you’re looking to learn more about the statute of limitations for wrongful death cases, there are a number of reliable sources you can consult.
- The California Courts website has a page dedicated to explaining the statute of limitations for wrongful death cases in California: http://www.courts.ca.gov/10454.htm
- The California Legislative Information website contains the text of California’s Code of Civil Procedure, which includes information on the statute of limitations for wrongful death cases: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=335.1
- The California Department of Justice website has a page that provides an overview of California’s wrongful death laws: https://oag.ca.gov/wrongful-death
- The University of California Hastings College of the Law has an article on its website that discusses the statute of limitations for wrongful death cases in California: https://www.uchastings.edu/academics/clinical-programs/civil-justice-clinic/practice-areas/wrongful-death/
- The California Law Revision Commission has published a report on the statute of limitations for wrongful death cases in California, which can be found here: https://www.clrc.ca.gov/pub/ViewPub.aspx?pub=1101
