When a loved one dies due to negligence, recklessness, or intentional misconduct, the surviving family members may file a wrongful death lawsuit to seek compensation. However, California law imposes strict time limits on filing these claims, known as the statute of limitations. Missing this deadline can result in losing the right to pursue compensation. This article explains how the statute of limitations works, exceptions to the rule, and key legal considerations for wrongful death cases in California.
1. What Is the Statute of Limitations for Wrongful Death in California?
In California, the statute of limitations for filing a wrongful death lawsuit is:
Two Years from the Date of Death
- Under California Code of Civil Procedure § 335.1, surviving family members have two years from the date of death to file a wrongful death claim.
- If the lawsuit is not filed within this period, the court will likely dismiss the case, preventing any recovery of damages.
Example:
- If a person dies in a car accident on January 1, 2023, the family must file a lawsuit by January 1, 2025.
2. Exceptions to the Two-Year Statute of Limitations
1. Medical Malpractice Wrongful Death Cases
- Deadline: Three years from the date of injury OR one year from when the injury was discovered, whichever is earlier (California Code of Civil Procedure § 340.5).
- This applies to fatal medical errors, misdiagnoses, or surgical mistakes.
Example:
- A doctor misdiagnoses cancer in 2020, and the patient dies in 2022. If the misdiagnosis was discovered in 2021, the lawsuit must be filed by 2024 (one year from discovery).
2. Government Liability Cases
- If a government agency is responsible for a wrongful death (e.g., city bus accident, police misconduct), a special deadline applies.
- Deadline: A government claim must be filed within six months of the death (California Government Code § 911.2).
- If the claim is denied, the family has an additional six months to file a lawsuit.
Example:
- A pedestrian is killed by a city bus on March 1, 2023. The family must file a government claim by September 1, 2023.
3. Delayed Discovery Rule
- In some cases, the cause of death is not immediately known.
- If the family only learns later that negligence caused the death, the statute of limitations may begin from the date of discovery.
- Deadline: Two years from the date the negligence was discovered.
Example:
- A worker dies due to toxic chemical exposure in 2019, but the cause is not discovered until 2022. The family may have until 2024 to file a lawsuit.
4. Wrongful Death of a Minor’s Parent
- If the person filing the lawsuit is a minor child, the statute of limitations may be paused (tolled) until they turn 18.
- The child then has two years from their 18th birthday to file a lawsuit.
Example:
- A 12-year-old child loses a parent in a wrongful death accident in 2023. The statute of limitations is paused until they turn 18 in 2029, giving them until 2031 to file a lawsuit.
3. What Happens If You Miss the Deadline?
If a wrongful death lawsuit is not filed before the statute of limitations expires:
- The court will likely dismiss the case, meaning no compensation can be recovered.
- The defendant will not be held accountable, even if negligence is proven.
- Insurance companies will refuse to settle, knowing the lawsuit is time-barred.
Rare Exception:
- If fraud or concealment prevented the family from discovering the cause of death, a court may allow an extension.
4. Steps to Take Before the Statute of Limitations Expires
To protect your legal rights, follow these steps as soon as possible after a wrongful death:
1. Contact a Wrongful Death Attorney Immediately
- A lawyer can determine the exact deadline for filing the lawsuit.
- They can preserve evidence, gather medical records, and negotiate settlements.
2. Gather Evidence Quickly
- Collect medical records, accident reports, and witness statements.
- Obtain surveillance footage or photos from the accident scene.
- Keep track of funeral expenses and lost income records.
3. Identify All Possible Defendants
- Some cases involve multiple liable parties (e.g., a trucking company, hospital, or product manufacturer).
- Naming the wrong party could delay the case, so legal guidance is essential.
4. File a Government Claim If Necessary
- If a city, county, or state agency is responsible, submit a claim within six months.
5. Who Can File a Wrongful Death Lawsuit in California?
Only certain individuals can file a wrongful death claim in California:
Primary Beneficiaries (First in Line to File)
- Spouse or registered domestic partner.
- Children of the deceased.
- Grandchildren (if the deceased’s child is also deceased).
Secondary Beneficiaries (If No Immediate Family Exists)
- Parents of the deceased.
- Siblings (brothers or sisters).
Other Financial Dependents
- Stepchildren or minors who relied on the deceased for at least 180 days before death.
6. Compensation Available in a Wrongful Death Lawsuit
Wrongful death damages typically include:
Economic Damages (Financial Losses)
- Medical expenses before death.
- Funeral and burial costs.
- Loss of the deceased’s income and benefits.
Non-Economic Damages (Emotional Suffering)
- Loss of companionship and support.
- Pain and suffering for surviving family members.
- Loss of parental guidance for children.
Punitive Damages (In Cases of Gross Negligence)
- If reckless or intentional actions caused the death (e.g., drunk driving, corporate negligence).
7. Notable Wrongful Death Settlements in California
- $10 Million Settlement – Child killed in a pedestrian accident.
- $6.2 Million Verdict – Fatal medical malpractice case.
- $3.5 Million Settlement – Construction worker killed due to safety violations.
- $2 Million Settlement – Fatal defective product lawsuit.
8. Why Hiring a Wrongful Death Lawyer Matters
A wrongful death lawyer can:
- Ensure your lawsuit is filed before the deadline.
- Gather evidence and build a strong case.
- Negotiate with insurance companies for a fair settlement.
- Take the case to trial if necessary.
Most wrongful death attorneys work on contingency, meaning you pay nothing unless they win your case.
Conclusion
The statute of limitations for wrongful death lawsuits in California is typically two years from the date of death, but exceptions apply for medical malpractice, government liability, and cases involving minors. If the deadline is missed, families lose the right to compensation. Because every case is different, consulting a San Diego wrongful death attorney as soon as possible ensures that legal deadlines are met and maximum compensation is secured.
References
- California Code of Civil Procedure § 335.1. (2023). Statute of limitations for wrongful death cases. Retrieved from https://leginfo.legislature.ca.gov
- California Government Code § 911.2. (2023). Deadlines for filing government claims. Retrieved from https://www.dgs.ca.gov
- Centers for Disease Control and Prevention. (2023). Leading causes of wrongful deaths in the U.S. Retrieved from https://www.cdc.gov
- California Bar Association. (2023). Legal rights in wrongful death lawsuits. Retrieved from https://www.calbar.ca.gov