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

In California, you generally have two years from the date of death to file a wrongful death lawsuit. Miss that deadline and the court will almost certainly dismiss your case — no matter how strong it is.

But the two-year rule has important exceptions, and certain cases involving government agencies require action in as little as six months. Here is what every California family needs to know.

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What Is the Wrongful Death Statute of Limitations in California?

California's wrongful death claims are governed by Code of Civil Procedure § 335.1 (as of 2024; verify with counsel). The clock typically starts running on the date your loved one died — not the date of the accident or the date you hired a lawyer.

Two years sounds like a long time. It rarely is. Investigations take months. Medical records and police reports take time to gather. Grieving families often don't realize the deadline is approaching until it's nearly gone.

> Critical deadline: If the death involved a government entity — a city bus, a county hospital, a public school — you must file a government tort claim within six months of the date of death before you can even sue. Missing this shorter deadline typically bars your lawsuit entirely.

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Exceptions That Can Shorten or Extend Your Deadline

The two-year rule is not absolute. Several factors can move the clock forward or backward.

Deadlines That Can Get SHORTER

• Government defendants (city, county, state, public transit): 6-month claim filing requirement under the California Government Claims Act (as of 2024; verify with counsel)
• Medical malpractice deaths: May trigger a separate 3-year-from-injury or 1-year-from-discovery rule that interacts with wrongful death timing — consult counsel immediately
• Wrongful death tied to a product liability claim: Manufacturer notice requirements may apply

Circumstances That Can EXTEND the Deadline

• Discovery rule: If the cause of death was not immediately known (e.g., a toxic exposure or surgical error discovered later), the clock may start from when the family knew or reasonably should have known the death was caused by another's negligence
• Minor children: If the decedent's minor child is the claimant, the statute may be tolled until the child turns 18 (as of 2024; verify with counsel)
• Defendant fraud or concealment: If a defendant actively hid their role in the death, courts may toll the statute

Do not assume an exception applies to your situation without speaking to an attorney. These rules are highly fact-specific.

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Who Can File a Wrongful Death Claim in California?

Not everyone can sue. California law limits who qualifies as a plaintiff in a wrongful death action.

Primary eligible claimants (California Code of Civil Procedure § 377.60):

• Surviving spouse or domestic partner
• Surviving children
• Surviving grandchildren (if the decedent's children are also deceased)
• Anyone else entitled to the decedent's property under California intestate succession laws

People who may also qualify in some circumstances:

• Putative spouses (those who had a good-faith belief they were married)
• Stepchildren who were financially dependent on the decedent
• Parents or siblings, if they can show financial dependence

All eligible claimants must file one joint lawsuit — California does not allow separate wrongful death suits for the same death.

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Common Mistakes That Can Hurt or Kill Your California Wrongful Death Case

Families dealing with grief are vulnerable to errors that attorneys see repeatedly.

1. Waiting too long to consult a lawyer. Evidence disappears. Witnesses forget. Surveillance footage gets overwritten. Early legal involvement preserves the case.
2. Assuming the insurance company will be fair. Insurers have teams of adjusters and lawyers working to minimize payouts from day one.
3. Signing any release or settlement offer without legal review. A signed release can permanently waive your right to full compensation.
4. Not identifying all liable parties. Multiple defendants — a driver, an employer, a vehicle manufacturer — may share responsibility.
5. Missing the government claim deadline. Families assume the two-year rule applies universally; the six-month government deadline catches many off guard.
6. Failing to document everything. Preserve all medical records, bills, communications with insurers, and any correspondence related to the incident.

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What Damages Can a California Wrongful Death Claim Recover?

A successful claim may seek compensation for the losses the surviving family members suffered — not the decedent's own pain and suffering (that is a separate "survival action").

| Damage Type | What It Covers |

|---|---|

| Financial support | Income the deceased would have provided |

| Household services | Childcare, home maintenance, and similar contributions |

| Funeral & burial costs | Reasonable expenses paid by the family |

| Loss of companionship | The relationship, guidance, and affection survivors lost |

| Gifts and benefits | Financial gifts the decedent customarily provided |

Note: California does not cap wrongful death damages in most cases, but medical malpractice wrongful death claims involving non-economic damages may be subject to caps under MICRA (as of 2024; verify with counsel, as the cap was increased in 2023).

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What to Bring to a Wrongful Death Consultation in California

Coming prepared helps an attorney evaluate your case quickly and accurately.

Documents and information to gather:

• Death certificate
• Police or incident report (if one exists)
• Any correspondence with insurers
• Medical records related to the fatal injury or illness
• Employment records showing the decedent's income
• Names and contact information of known witnesses
• Photos or videos from the scene, if available
• Any prior communications from the party you believe is responsible

You do not need everything on day one. Bring what you have.

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When to Call a Wrongful Death Lawyer in California

The honest answer is: as soon as possible after the death. The longer you wait, the harder it becomes to build a strong case — and the closer you get to a deadline that ends your legal options entirely.

If you lost a family member due to a car accident, medical negligence, a defective product, a dangerous property condition, or any situation where someone else's carelessness may have played a role, a California wrongful death attorney can help you understand your rights before time runs out.

If you are dealing with the loss of a loved one and believe someone else may be responsible, talking to a lawyer early can prevent costly and irreversible mistakes. Briarwood Legal Partners offers free, no-obligation case evaluations for families throughout California — start your free case evaluation.