Statute of Limitations for Wrongful Death Claims in California

When a loved one dies due to someone else’s negligence, surviving family members may be able to pursue justice and compensation through a wrongful death claim. This claim arises during a time of immense grief and severe disruption in one’s life, but those factors don’t stop the clock from ticking regarding how long family members have to file the claim. Missing the deadline, known in the law as the statute of limitations, means you lose your chance to file a claim in court, no matter how strong your case against the other party is.

Here is some general information regarding what you need to know about how long you have to file, what exceptions apply, and why acting quickly matters. For a case review tailored to your specific situation, call the California trial attorneys at Kalfayan Merjanian, LLP, to review your case with an experienced and compassionate California wrongful death attorney.

What Is the Statute of Limitations?

A statute of limitations is a legal time limit beyond which a lawsuit cannot be filed. For wrongful death cases, it determines how long surviving family members or other eligible parties have to bring a lawsuit after the death of their loved one. California law sets this deadline so these claims are filed while the evidence is still fresh and witnesses are more likely to recall what happened. A statute of limitations also provides finality to potential defendants who don’t have to constantly look over their shoulders and worry they may be sued years down the road for something that happened long in the past.

In California, the standard rule in wrongful death cases is two years. That means most wrongful death lawsuits must be filed within two years from the date of death. This time frame is codified in the California Code of Civil Procedure. If you wait beyond the applicable deadline to file your petition, the court will be forced to dismiss the case, regardless of how valid it might be.

Exceptions & Special Rules

While two years is the default, there are several important exceptions and special situations where the time limit may be shorter, longer, or calculated differently.

1. Medical Malpractice Causing Death
   If the death was caused by medical negligence, a different statute of limitations applies. In those cases, the lawsuit must be filed either one year from the date that the injured party (or their family) discovered, or reasonably should have discovered, that the death was caused by the medical malpractice, or three years from the date of death, whichever comes first.

2. Claims Against Government Entities
   If the wrongful death claim is against a public entity, such as a city, county, state, or a government employee who acted negligently in the scope of their duty, the deadline is much shorter. You have only six months from the date of death to file a notice of claim with the government. Missing this shorter deadline often means you cannot bring a lawsuit at all.

3. Minor Children Filing Claims
   Special rules can extend deadlines for minors. If a minor is eligible to file for wrongful death (for example, the minor child of the decedent), there are provisions that allow more time in some cases, depending on when they were aware of their rights and whether they were represented. This rule typically provides the minor up to two years after they turn 18 to file, provided there were no other family members eligible to file a claim before then. It’s important to consult with an attorney to see if these rules apply.

Why These Deadlines Matter

Acting quickly isn’t just advisable; it’s essential. Here’s why:

• Evidence degrades or disappears over time.
• Key medical records or investigative reports may become harder to obtain as time passes.
• Defendants or their insurers will almost always raise statute of limitations defenses, trying to get the case thrown out early.
• Emotional and physical recovery periods for the family may put off when they seek a legal consultation, but that delay can nevertheless spell the end of their case if it runs the clock out.
• A lawsuit cannot simply be filed without preparation. Attorneys need time to investigate the situation, prepare a claim, and attempt to resolve the matter before going to court. Waiting too long might prevent you from getting the legal help you need to prepare and file a winning case.

Tips to Protect Your Rights

If you believe you might have a wrongful death claim, here are practical steps to preserve your legal rights:

• Seek legal counsel as soon as possible; a knowledgeable wrongful death attorney can help you determine exactly which deadline applies to your situation.
• Gather and preserve any documents connected to the death: medical records, police reports, death certificate, etc.
• Don’t ignore suspected cases of medical negligence even if the cause isn’t immediately obvious. Document everything.
• If the defendant is a government entity, know that the notice requirements are strict and the six-month time limit is real.

Contact Kalfayan Merjanian, LLP to Review Your Case for Justice

In California, the statute of limitations for wrongful death is generally two years from the date of death, but that period can change depending on circumstances like medical malpractice, government defendants, when you discovered the cause of death, and whether minors are involved. Because these rules have serious consequences for whether a claim can move forward at all, acting promptly is critical.

If a loved one has died and you believe someone else was responsible, reach out to Kalfayan Merjanian, LLP, for a free consultation. We can review your case, and if retained, will help determine which deadline applies and file your claim to preserve your rights to justice and compensation.