What Is the California Wrongful Death Statute of Limitations?

Losing a loved one is always a harrowing experience.

Worse, when someone else’s negligence causes that loved one’s death, grief often comes with a mix of anger, frustration, and uncertainty.

If you find yourself in this position, you might also consider filing a wrongful death action and wonder how long you have to do so.

Typically, the California wrongful death statute of limitations allows parties to bring a lawsuit up to two years after a loved one dies. We know it’s not always easy to think about legal action while mourning, but understanding this timeline is essential for seeking justice.

The clock is ticking, and understanding California’s statute of limitations can help ensure that your voice—and your loved one’s memory—are honored.

If you need assistance or have any questions, don’t hesitate to get in touch with our experienced wrongful death lawyers in California. You can call us directly at (408) 848-2208 or you can contact us online. 

Can You Explain the California Wrongful Death Statute of Limitations?

Grieving relatives often wonder, What is the statute of limitations for wrongful death?

Simply put, a statute of limitations is a law that dictates how long you have to take legal action after something happens. For example, in a wrongful death case, the statute of limitations tells you how long you have to file a lawsuit after your loved one dies. Once that period expires, the statute typically bars you from filing a lawsuit altogether. 

How Long Do You Have to File a Wrongful Death Lawsuit?

When it comes to a wrongful death statute of limitations, California imposes strict deadlines on when you can bring a wrongful death lawsuit. If you’ve wondered how long you have to file a wrongful death lawsuit, the California statute generally allows you up to two years from the date of the death.

However, California does make exceptions depending on the circumstances surrounding the death. Understanding when this period starts, when it’s extended, and what happens if you delay is crucial for preserving your ability to seek justice.

When Does the Clock Start Ticking on the Statute of Limitations for Wrongful Death?

If you’re wondering when the statute of limitations for wrongful death starts tolling, here’s the answer: In California, the two-year period typically starts on the day the person dies. Unfortunately, though this sounds like a simple rule, real-life situations often complicate this timeline. For example, let’s say a loved one dies in a tragic car accident.

At first, it seems like just that—an accident. However, a year later, new evidence reveals that a defective auto part caused the accident. Even though no one discovered the negligence until later, the statute of limitations would still likely begin when the death occurred, not when the defect emerged.

This example highlights why it’s so important to seek legal guidance as soon as possible following your loved one’s untimely passing. It’s also important to know that taking action sooner rather than later gives you the best chance of securing justice. Consulting with a skilled wrongful death attorney at Gonzalez & Jones, APC, can clarify the process and ensure you don’t miss critical deadlines.

What Are the Exceptions to the Wrongful Death Statute of Limitations in California?

California allows exceptions that extend or “toll” the filing deadline. Tolling refers to legally pausing or delaying the statute of limitations for a specific period.

These exceptions, though uncommon, can be lifesaving for someone worried about missing their window to file and include:

• Delayed discovery. Called the “Discovery Rule” and only applied in rare cases, if the death wasn’t immediately apparent as wrongful, courts may extend the statute to the date the cause of death was discovered;
• Minor plaintiffs. If the person bringing the lawsuit is a minor, the statute of limitations may not begin to run until the minor reaches the age of 18; 
• Medical malpractice. When the death involves medical malpractice, the family has 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.
• Government entities. If the wrongful death claim is against a government entity, the timeline is much shorter—typically, six months. 

A skilled wrongful death lawyer at Gonzalez & Jones, APC, can help you understand these exceptions and whether any apply. If you’re unsure, consult us immediately to safeguard your rights.

Gonzalez & Jones, APC: Fighting for Families in Wrongful Death Cases

At Gonzalez & Jones, APC, we provide legal expertise and a steady hand during a challenging time. With over 45 years of experience, our family-run boutique firm offers a personal, client-centered approach to wrongful death cases. We are committed to ensuring your voice is heard and securing the justice your family deserves.

Contact us for a free consultation today—our dedicated attorneys will guide you through every step, fighting to protect your family’s future.

Call us directly at (408) 848-2208 or contact us online to get started.