Few things can be as trying for a family as a wrongful death claim. Being confronted with the sudden and unexpected loss of a loved one is difficult, painful, and uncertain. No amount of money can ever truly fill the gap left behind by the sudden death of someone you care about, but seeking compensation for wrongful death and holding any negligent parties accountable can be a solid first step toward closure. Knowing the California statute of limitations is what our wrongful death attorneys understand best.
What Is the Wrongful Death Statute of Limitations in California?
Under California state law, the statute of limitations for a wrongful death case is two years. The time limit by which to file a wrongful death claim begins on the day that the victim in question died, though there are exceptions to that start date should it prove difficult for the authorities to determine a definitive cause of death. Failure to file within that designated time frame could result in your claim being considered invalid.
While two years may seem like a decent amount of time to get started on a wrongful death claim, it can take a considerable amount of time to prepare your case. The more time you have to prepare, the better your chances of success.
Exceptions and Special Rules: When the Two-Year Deadline Does Not Apply
The two-year deadline under California Code of Civil Procedure Section 335.1 is the default rule for wrongful death claims. However, California law recognizes five significant exceptions and variations that can shorten, extend, or shift that deadline depending on the circumstances. Every family considering a wrongful death claim should understand all six rules, not just the general one.
Rule 2: Government Entity Claims: Six-Month Deadline
If the death was caused by a government employee or occurred on government property, including a city or county vehicle, a public bus, a government-maintained road, or a public facility, the deadline is dramatically shorter. Before filing a lawsuit, the surviving family must first submit a government tort claim under the California Government Claims Act (Government Code Section 911.2).
That administrative claim must be filed within six months of the date of death. If the government agency rejects the claim, the family then has six months from the rejection date to file a lawsuit. If the agency does not respond within 45 days, the claim is deemed rejected and the six-month litigation window begins.
Missing the six-month government claim deadline almost always permanently bars recovery, even if the underlying wrongful death claim is strong. Because government entities are involved in many fatal accidents involving public buses, city maintenance vehicles, school district vehicles, and road defects, this shorter deadline affects more families than many expect.
Rule 3: Medical Malpractice Wrongful Death: Three-Year and One-Year Rules
When a death results from medical negligence, including a surgical error, a failure to diagnose, a medication overdose, or another act of professional negligence by a healthcare provider, a separate statute of limitations applies. Under California Code of Civil Procedure Section 340.5, a wrongful death claim arising from medical malpractice must be filed within the earlier of:
- Three years from the date of the wrongful act or neglect, or
- One year from the date the plaintiff discovered, or reasonably should have discovered, the injury
This means families who suspect medical negligence caused a loved one’s death have, in many cases, only one year from the moment they knew or should have known about the malpractice. Waiting until the general two-year wrongful death deadline has passed can be fatal to a medical malpractice wrongful death claim.
Note also that California Civil Code Section 3333.2 caps non-economic damages in medical malpractice wrongful death cases. That cap was $500,000 when it became effective in January 2023 and increases by $50,000 per year until reaching $1,000,000.
Rule 4: The Discovery Rule: When the Clock Starts Later
In most wrongful death cases, the two-year clock starts on the date of death. But California courts have recognized that in some circumstances, the cause of death or the identity of the responsible party is not immediately known or knowable. In those situations, the discovery rule may delay the start of the limitations period.
Under the discovery rule, the statute of limitations does not begin to run until the surviving family members knew, or through the exercise of reasonable diligence should have known, facts sufficient to put them on notice of a potential claim. The California Supreme Court has applied this principle in wrongful death cases involving latent toxic exposure, delayed autopsy findings, and concealment of the cause of death by a defendant.
The discovery rule does not apply automatically. A family relying on it must be prepared to demonstrate that they could not have discovered the basis for their claim earlier through reasonable diligence. Courts assess this objectively, not based on when the family subjectively learned of the facts.
Rule 5: Minor Survivors: Deadline Tolled Until Age 20
When the wrongful death claimant is a minor, for example the surviving child of the deceased, the statute of limitations is tolled (paused) during the child’s minority. Under California Code of Civil Procedure Section 352, a minor’s time to bring a claim does not begin to run until they turn 18. Because the wrongful death limitations period is two years, a surviving minor child generally has until their 20th birthday to file a wrongful death claim.
This tolling provision is important in cases involving the death of a parent of young children, where the children themselves are potential claimants. Each minor claimant’s deadline is calculated individually based on their own age at the time of the parent’s death.
Note that this tolling applies to the minor’s individual claim. If an adult family member, such as the surviving spouse, also has a wrongful death claim, their deadline runs from the date of death without tolling.
Rule 6: Felony Conviction: Limitations Period May Be Extended
California Code of Civil Procedure Section 340.3 provides that when a defendant has been convicted of a felony arising from the same act that caused the wrongful death, the statute of limitations for the civil wrongful death claim may be tolled during the period of the criminal prosecution. The limitations period is tolled from the time charges are filed through the final judgment in the criminal proceeding, including any appeals.
This provision prevents a situation where a defendant’s criminal trial takes so long that the civil statute of limitations expires before the family can file. In practice, it is most relevant in cases involving vehicular manslaughter, DUI causing death, and violent crimes where the defendant faces felony prosecution. Once the criminal matter concludes, the family must move promptly. Courts typically do not extend this tolling indefinitely after the criminal proceedings end.
What Is Wrongful Death?
A wrongful death claim can arise from any situation where someone’s intentional and/or negligent actions resulted in another person’s death. This can be through medical malpractice, chemical exposure, criminal actions, premises liability, or a motor vehicle accident. Damages can include funeral and burial costs, the lost income and support of the deceased, and loss of consortium.
Who Has the Right to File a Wrongful Death Claim?
Under California Code of Civil Procedure Section 377.60, the right to bring a wrongful death claim belongs to specific categories of surviving family members and, in some cases, to the estate’s personal representative. California law is more specific than many families expect about who qualifies and in what order. The following categories are recognized under the statute.
Surviving Spouse or Registered Domestic Partner
The deceased’s surviving spouse or registered domestic partner has standing to bring a wrongful death claim. This includes a spouse in a legally valid marriage recognized under California law at the time of death, and a partner in a registered domestic partnership under California Family Code Section 297.
Putative Spouse
A putative spouse is a person who had a good faith, reasonable belief that they were legally married to the deceased, even if that marriage was not legally valid. Under California Code of Civil Procedure Section 377.60(b), a putative spouse has the same right to bring a wrongful death claim as a lawful surviving spouse, provided they can demonstrate their good faith belief in the validity of the marriage.
This provision covers situations such as a marriage that was later found to be invalid because a prior divorce was not finalized, a ceremonial marriage that had a technical defect, or a marriage entered into without knowledge of a legal impediment. It does not cover individuals who knowingly entered into an invalid marriage or who had reason to doubt its validity.
Children and Grandchildren
The deceased’s surviving children have standing to file a wrongful death claim. This includes biological children, legally adopted children, and, in some circumstances, stepchildren who were financially dependent on the deceased. Where a deceased child of the victim has left their own surviving children, those grandchildren may also have standing under the statute.
Parents
If the deceased had no surviving spouse, registered domestic partner, or children, their parents may bring a wrongful death claim. Parents may also have standing in cases where there are surviving children if California’s intestate succession rules would give the parents a share of the deceased’s estate.
Personal Representative of the Estate
Under California Code of Civil Procedure Section 377.60, the deceased’s personal representative, meaning the executor or administrator of the estate, may bring a wrongful death claim on behalf of the deceased’s heirs. This is particularly important when the eligible heirs are minors, are incapacitated, are in dispute with one another about how to proceed, or when a survival claim is being pursued alongside the wrongful death claim. The personal representative does not file on their own behalf but acts as the procedural vehicle for the heirs’ claims.
Intestate Succession Order: Who Qualifies When There Is No Immediate Family
If the deceased had no surviving spouse, domestic partner, children, or grandchildren, the right to file a wrongful death claim passes to those who would inherit the deceased’s property under California’s intestate succession laws, found in California Probate Code Section 6400 and following. In practice, this typically means the deceased’s parents first, then siblings, then more distant relatives in the order the Probate Code specifies.
The intestate succession order matters because California’s wrongful death statute does not give an unlimited class of relatives the right to sue. Only those who would actually inherit under the Probate Code’s intestate rules have standing if no closer family member exists. A cousin, aunt, or uncle may have standing if no closer relatives survive, but only if the intestate succession rules would pass property to them.
Financially Dependent Stepchildren and Putative Children
California Code of Civil Procedure Section 377.60 also extends standing to stepchildren and other children who were not legally adopted but were financially dependent on the deceased and lived in the household. These claimants must demonstrate actual financial dependency, not merely an emotional relationship, to establish standing.
The One-Action Rule
California’s one-action rule under Code of Civil Procedure Section 377.62 requires that all wrongful death claims arising from the same death be brought in a single lawsuit. Individual family members cannot file separate lawsuits against the same defendant for the same death. All eligible claimants must be joined in one action, and the damages are apportioned among them by the court or jury. This rule prevents a defendant from facing multiple successive lawsuits for the same incident and ensures that all claimants’ interests are addressed in one proceeding.
Proving a Wrongful Death Claim
It is no easy task to prove that a wrongful death has taken place. An experienced wrongful death attorney can help you establish your case and seek damages for negligent behavior. However, you must first prove that negligence was present in the first place. Evidence of negligence may not be easy to find, but in order to move forward with your claim, it must be proven. The following criteria must also be proven:
- An unexpected death occurred.
- That death was the result of someone’s negligent behavior or an intent to cause bodily harm.
- The victim’s surviving family and/or loved ones have been dealing with financial instability and uncertainty since their death.
Wrongful death suits are not intended to bring about criminal charges and put someone in prison for the death of the victim. They are personal injury claims intended to resolve the case in civil court with the goal of receiving financial compensation.
FAQs
Q: How Long Do You Have to File a Wrongful Death Lawsuit in California?
A: The general deadline is two years from the date of death under California Code of Civil Procedure Section 335.1. However, California law recognizes five important exceptions that can change this deadline significantly:
- Government entities: If a government employee or agency caused the death, you have only six months to file an administrative government tort claim under Government Code Section 911.2. Missing this deadline bars the lawsuit entirely.
- Medical malpractice: If the death resulted from medical negligence, the deadline is the earlier of three years from the negligent act or one year from discovery of the malpractice under CCP Section 340.5.
- Discovery rule: The clock may start later if the cause of death or the responsible party could not have been discovered through reasonable diligence at the time of death.
- Minor claimants: If a surviving claimant is a minor, their deadline is tolled until age 18, giving them until their 20th birthday to file under CCP Section 352.
- Felony prosecution: If the defendant is criminally charged for the death, the civil deadline may be tolled during the criminal proceedings under CCP Section 340.3.
Do not assume you have two years without verifying which rules apply to your specific situation. Contact a wrongful death attorney as soon as possible.
Q: What is the wrongful death deadline when a government entity is responsible?
A: When a government entity, such as a city, county, state agency, public transit authority, or school district, is responsible for the death, the deadline to act is much shorter than the standard two years. Under the California Government Claims Act (Government Code Section 911.2), a government tort claim must be filed within six months of the date of death. If you miss this administrative deadline, you will almost certainly be barred from bringing a lawsuit against the government entity, regardless of how strong your case is. If the agency rejects your claim, you then have six months from that rejection to file suit. An attorney should be contacted immediately if a government vehicle, road condition, or public employee may have contributed to the death.
Q: Does a different statute of limitations apply to wrongful death caused by medical malpractice in California?
A: Yes. When a wrongful death arises from medical negligence, including a surgical error, misdiagnosis, medication mistake, or other healthcare provider failure, California Code of Civil Procedure Section 340.5 applies instead of the standard two-year rule. Under this statute, the claim must be filed within the earlier of: (1) three years from the date of the negligent act; or (2) one year from the date the family discovered, or through reasonable diligence should have discovered, that the death was caused by malpractice. In practice, the one-year discovery window often runs first, and many families miss it by assuming the general two-year deadline applies. If you believe medical negligence contributed to your loved one’s death, consult a wrongful death attorney immediately.
Q: What is the discovery rule in California wrongful death cases?
A: The discovery rule is a legal doctrine that delays the start of the statute of limitations in cases where the family could not reasonably have known the cause of death or the identity of the responsible party at the time of death. Under California case law, the two-year clock does not begin to run until the surviving family members knew, or through the exercise of reasonable diligence should have known, facts sufficient to identify a potential claim. This rule has been applied in cases involving delayed autopsy findings, toxic exposure where the cause of death emerged gradually, and deliberate concealment by a defendant. Relying on the discovery rule requires demonstrating that earlier discovery was not possible through diligent investigation. Courts apply an objective standard, not a subjective one.
Q: Can a minor child file a wrongful death claim after the two-year deadline has passed?
A: Potentially yes, depending on when the child reaches adulthood. Under California Code of Civil Procedure Section 352, the statute of limitations is tolled, meaning paused, during the period of a claimant’s minority. Because the wrongful death limitations period is two years, a minor claimant generally has until their 20th birthday to bring a wrongful death claim, regardless of when the parent died. This tolling applies individually to each minor claimant. However, adult family members with their own wrongful death claims, such as a surviving spouse, do not benefit from the minor’s tolling and must file within two years of the date of death. If multiple family members have wrongful death claims, each person’s deadline should be calculated separately.
Q: Does a criminal case against the person who caused the death affect the wrongful death filing deadline?
A: Yes, it can. Under California Code of Civil Procedure Section 340.3, when a defendant has been convicted of a felony arising from the same act that caused the death, such as vehicular manslaughter or DUI causing death, the statute of limitations for the civil wrongful death claim may be tolled during the criminal prosecution, including any appeals. This provision prevents a defendant’s lengthy criminal trial from consuming the family’s civil filing window. However, once the criminal case concludes, the family must act promptly. The tolling does not extend indefinitely after the criminal proceedings end. Families in this situation should consult a wrongful death attorney as soon as the criminal case is resolved to confirm their remaining civil deadline.
Q: Is There a Cap on Wrongful Death in California?
A: For most wrongful death cases in California, there is no cap on how much you can pursue in compensatory damages. An exception is if the wrongful death in question is connected to a medical malpractice case. In that case, the cap for wrongful death damages was set at $500,000, becoming effective in 2023.
This amount will increase by $50,000 each year until it reaches $1,000,000. Outside of medical malpractice cases, compensation amounts are decided by a jury that determines a fair and reasonable amount.
Q: What Are the Elements of a Wrongful Death Claim in California?
A: The elements of a wrongful death claim in California are a number of important criteria that you must prove, alongside evidence of negligent behavior. These elements include:
- Someone died unexpectedly.
- The death was caused by someone’s negligent behavior or harmful intent.
- The victim’s surviving family is enduring hardship as a result of the financial loss.
Q: What Is the “One-Action Rule” for Wrongful Death in California?
A: The “one-action rule” in wrongful death cases in California prevents one defendant from being sued multiple times by various family members of the deceased. In the place of multiple lawsuits, the family may come together to file a single wrongful death suit against one person for their negligent behavior that resulted in the death of their loved one. This prevents the defendant from being sued multiple times for the same incident.
Reach Out to an Experienced Wrongful Death Lawyer Today
Facing the aftermath of a wrongful death can be traumatizing and frustrating. You may feel overwhelmed with the legal process as you grieve. Losing a loved one is always a horrible tragedy, but losing them because of someone else’s negligent actions is even worse. Thankfully, we are here to help you through this trying time.
The talented attorneys at Easton & Easton understand your pain and are prepared to help you develop your case. We can help you gather evidence to prove negligence, face off against insurance companies, and advocate on your behalf if the case proceeds to trial. Contact us to schedule a consultation with a helpful, experienced lawyer.
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