In California, you generally have two years from the date of your loved one's death to file a wrongful death lawsuit under Code of Civil Procedure § 335.1. Shorter or different deadlines can apply: claims against a government entity usually require a written claim within six months, and deaths caused by medical negligence follow separate malpractice deadlines. Missing the deadline can end the claim, so it is wise to talk with an attorney early.
Losing someone because of another person's negligence is devastating, and legal deadlines are the last thing a grieving family wants to think about. But understanding them protects your family's right to seek accountability and financial stability.
The General Rule: Two Years
Most wrongful death claims in California must be filed within two years of the date of death. For example, if a loved one died on March 15 of one year, the lawsuit would generally need to be filed by March 15 two years later. A claim filed after the deadline will almost always be dismissed, no matter how strong it is.
Exceptions That Can Change the Deadline
- Medical malpractice. If the death resulted from medical negligence, the claim generally must be filed within three years of the injury or one year from when the family discovered, or should have discovered, the injury, whichever comes first.
- Government defendants. If a public agency or employee is responsible, such as a city bus driver or a public hospital, the family generally must file a written claim with the agency within six months of the death before a lawsuit can be filed.
- Delayed discovery. Sometimes a family does not learn right away that negligence caused the death. In some situations, the deadline may run from when the cause was discovered or reasonably should have been.
Because every case is different, an attorney should confirm which deadlines apply to your situation.
Why You Shouldn't Wait
Two years can pass quickly, especially while a family is grieving. Meanwhile, evidence fades: surveillance video is overwritten, witnesses move or forget details, and vehicles are repaired or scrapped. Starting early allows an attorney to investigate thoroughly, preserve critical evidence, identify every responsible party and insurance policy, and prepare a strong, timely claim.
What Compensation Families Can Seek
A wrongful death claim can provide financial relief for surviving family members, including:
- Funeral and burial expenses
- Lost financial support and the income the loved one would have contributed
- The value of household services the loved one provided
- Loss of love, companionship, comfort, care and guidance
Medical bills from the final injury, and certain losses the loved one suffered before death, may be pursued through a related claim on behalf of the estate. For an example of how these damages work after a fatal crash, see our article on truck accident damages in California.
Choosing the Right Lawyer
A wrongful death case is deeply personal, and the attorney you choose matters. Our guide on how to choose a lawyer for a wrongful death claim walks through what to ask. Our founding attorney previously worked as a senior insurance defense attorney and in-house counsel for a major auto insurer, so our team understands how insurers evaluate these claims. You can learn more about our attorneys and review our fatal collision with a commercial truck result.
Talk to a Los Angeles Wrongful Death Attorney
The window to act is limited. If you lost a loved one because of someone else's negligence, contact Insider Accident Lawyers for a free, compassionate case review or call 424-INSIDER. You pay no attorney's fee unless we recover compensation for your family.
