Understanding the Statute of Limitations for Wrongful Death Claims

Losing a family member because of someone else’s negligence is one of the most painful experiences a person can face. California law gives surviving family members the right to pursue compensation through a wrongful death claim, but that right comes with a strict deadline. Missing that deadline can mean losing the opportunity to hold a responsible party accountable, so knowing the timeline is an important first step for any grieving family.

What Is a Wrongful Death Claim in California?

A wrongful death claim is a civil lawsuit filed by surviving family members when a person dies as a result of another party’s negligent, reckless, or intentional conduct. Unlike a criminal case, a wrongful death claim seeks financial compensation rather than criminal punishment. California law allows eligible survivors to recover damages for both economic losses and the emotional impact of losing a loved one.

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

California requires wrongful death claims to be filed within two years of the date of death, as established under California Code of Civil Procedure Section 335.1. Filing after that deadline typically results in the court dismissing the case entirely, regardless of how strong the evidence may be.

Are There Exceptions That Can Extend the Deadline?

Certain circumstances can pause or extend the two-year filing period, which attorneys refer to as tolling the statute of limitations.

• If a surviving plaintiff is a minor child, the clock may not begin running until that child turns 18.
• If the cause of death was not immediately apparent, the deadline may begin from the date the cause was discovered rather than the date of death.

What if the Claim Involves a Government Entity?

When a wrongful death involves a government agency or public employee, California law imposes a much shorter deadline. Surviving family members must file a government tort claim within six months of the date of death before any lawsuit can proceed. Failing to meet that shorter deadline can permanently bar the claims.

Who Is Eligible To File a Wrongful Death Claim in California?

Eligible parties typically include a surviving spouse or domestic partner, children of the deceased, and, in some cases, other dependents who relied on the deceased for financial support. If there is no surviving spouse or children, the right to file may extend to other family members, depending on the circumstances of the case.

What Damages Can Surviving Family Members Recover?

Wrongful death damages in California fall into two general categories: economic and non-economic. Economic damages cover financial losses such as lost income, medical bills incurred before death, and funeral expenses, while non-economic damages address grief, loss of companionship, and emotional suffering.

How Is a Wrongful Death Claim Different From a Survival Action?

A survival action is a separate legal claim that the deceased person’s estate brings on behalf of the person who died, as opposed to surviving family members filing on their own behalf. Both claims can sometimes be filed together, which allows the estate and the family to pursue different categories of damages simultaneously. An attorney can advise which claims apply based on the specific facts of the case.

Does Hiring an Attorney Affect the Outcome of a Claim?

Wrongful death cases involve detailed legal requirements, tight deadlines, and significant financial stakes, all of which benefit from professional legal guidance. An attorney can identify liable parties, gather time-sensitive evidence, and handle communications with insurers while the family focuses on healing. Research consistently shows that represented claimants tend to recover more compensation than those who pursue claims without legal counsel.

Every Day Counts: Our Inland Empire Wrongful Death Lawyers at Lerner, Moore, Silva, Cunningham & Rubel Will Stand by Your Family

To learn more about how California laws may apply to your claim, contact our Inland Empire wrongful death lawyers at Lerner, Moore, Silva, Cunningham & Rubel. Call 909-889-1131 or complete our online form today for a free consultation. We have offices in Ontario and Victorville, California, and serve clients in the surrounding area.