Losing someone you love because of another person’s negligence is one of the most painful experiences imaginable. In the midst of that grief, legal deadlines may be the last thing on your mind. However, California law gives most families a limited window of time to file a wrongful death claim, and missing that deadline can mean losing your right to pursue justice. Understanding where you stand is the first step toward protecting your family’s future.
At Ellis Injury Law, our Los Angeles wrongful death lawyers have spent more than 30 years helping families navigate the legal process after a devastating loss. We know that the statute of limitations can feel like just another obstacle when you are already overwhelmed. A wrongful death claim cannot undo what happened, but it can hold the responsible party accountable and help ease your financial burden.
The sections below explain how California’s deadlines work, which exceptions may apply to your situation, and what you can do right now to protect your right to file.
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Read MoreWhat is Wrongful Death?
Under California Code of Civil Procedure § 377.60, a wrongful death claim arises when a person dies as a result of another party’s wrongful act or neglect. In practical terms, that means a death caused by negligence, recklessness, or intentional conduct, including situations where the at-fault party also faces criminal charges, such as a drunk driving fatality. It is important to understand that a civil wrongful death lawsuit runs entirely separate from any criminal case arising out of the same incident.
Even if the defendant is acquitted in criminal court, your family can still pursue a civil wrongful death claim. Criminal prosecutions require proof beyond a reasonable doubt, the highest standard in our legal system. A civil lawsuit operates under the lower standard of the preponderance of the evidence, meaning the evidence simply needs to show that the defendant’s wrongful conduct was more likely than not responsible for your loved one’s death.
What is the Statute of Limitations for Wrongful Death in California?
California Code of Civil Procedure § 335.1 gives surviving family members two years from the date of death to file a wrongful death lawsuit. It is the date of death, not the date of the underlying accident or incident, that starts the clock.
If your loved one did not die immediately but survived for days, weeks, or even months before passing from their injuries, the two-year period begins on the day they died, not the day they were hurt. Missing that deadline generally means the court will dismiss the case.
Exceptions to the Wrongful Death Statute of Limitations
There are certain important exceptions to the two-year wrongful death statute of limitations. Some can extend the filing window, while others shorten it.
These exceptions include:
Medical Malpractice
When a loved one’s death is caused by a doctor, hospital, or other health care provider, a different and stricter deadline applies. Under California Code of Civil Procedure § 340.5, families generally have whichever of the following expires first: one year from the date they discovered, or reasonably should have discovered, that the death resulted from medical negligence, or three years from the date of the underlying medical error or injury that caused the death.
Because the one-year discovery window can close quickly, families who suspect a loved one’s death was due to medical negligence should speak with an attorney as soon as possible. Waiting for certainty can mean waiting too long.
Claims Against a Government Entity
When a government employee, agency, or government-owned vehicle is involved in your loved one’s death, the timeline shrinks dramatically. California’s Government Claims Act requires families to file a formal Notice of Claim with the responsible public entity within just six months of the date of death.
The agency then has 45 days to accept or reject the claim. If the claim is rejected, the family has six months from the date of that rejection to file a lawsuit in court. If the agency fails to respond within 45 days, the claim is treated as rejected by operation of law, and the family generally has two years from the date of death to file suit.
One of the most compelling reasons to consult a wrongful death attorney immediately after a loss is that families may not realize a government entity is involved. Some public agencies operate under names that sound like private companies. If six months pass before anyone identifies the correct defendant, the right to bring a claim against that entity is almost certainly gone.
The Discovery Rule
In some wrongful death cases, the cause of death is not immediately apparent. Perhaps the connection between a loved one’s death and someone else’s negligence only becomes clear after a medical review, an investigation, or new information comes to light.
In those situations, California law recognizes that it would be unfair to start the two-year clock before the family could reasonably have known a claim existed. Under the discovery rule, the statute of limitations may not begin to run until the family discovers, or through reasonable diligence should have discovered, that negligence played a role in the death.
If you are uncertain when your clock started, that question alone is reason enough to speak with an attorney.
When the Surviving Claimant Is a Minor
When a minor child is among those bringing a wrongful death claim, the statute of limitations is generally tolled, or paused, until their 18th birthday. From that point, they have two years to file, meaning the effective deadline becomes their 20th birthday.
This means a child who loses a parent at a young age is not forced to act before they have the legal capacity to do so. However, consulting an attorney well before that deadline is always advisable, as evidence and witnesses become harder to secure with time.
Who Can File a Wrongful Death Lawsuit in California?
Under California Code of Civil Procedure § 377.60, the right to file a wrongful death lawsuit is limited to specific individuals. The decedent’s surviving spouse or registered domestic partner and their children, whether biological or adopted, have standing to file. If a child of the decedent has also died, their own children, meaning the decedent’s grandchildren, may step into their parents’ place and bring a claim.
When there is no surviving spouse, domestic partner, or children, the right to file passes to those who would inherit the decedent’s property under California’s intestate succession laws, which can include parents and, further down the line, siblings.
Other Eligible Claimants
Certain individuals may also qualify based on financial dependency, and unlike the hierarchy described above, they do not need to be the decedent’s closest surviving relative to have standing. A putative spouse, stepchildren, and parents may file if they were financially dependent on the decedent at the time of death.
A minor who was not otherwise covered under the categories above may also qualify, but must meet two additional conditions: they must have lived in the decedent’s household for at least 180 days before the death and relied on the decedent for at least half of their financial support.
What Damages Can Be Recovered in a California Wrongful Death Claim?
Wondering what are the damages for wrongful death in California? Under California Code of Civil Procedure § 377.61, damages in a wrongful death claim may include both economic and non-economic losses.
Economic Damages
Economic damages represent the measurable financial losses your family suffers as a result of the death. These typically include:
- Loss of financial support the decedent would have provided, calculated using earnings history, age, occupation, and life expectancy
- The value of household services the decedent performed, such as childcare, cooking, cleaning, and home maintenance
- Loss of expected gifts and financial benefits the decedent would have contributed, such as help with tuition or major expenses
- Reasonable funeral and burial expenses
Non-Economic Damages
Non-economic damages address the losses that cannot be captured by a receipt or a pay stub. These typically include:
- Loss of love, companionship, and affection
- Loss of moral support and guidance
- Loss of care, comfort, and protection
- Loss of society, meaning the positive benefits of the family relationship, the survivors would have continued to receive
How to File a Wrongful Death Lawsuit in California
Filing a wrongful death lawsuit in California begins with understanding that the statute of limitations is not just a technicality; it is the foundation of your entire case. Missing the deadline means the court will not hear your claim, regardless of how strong the evidence is.
Here is what the process looks like from start to finish:
The First Step
The first step is consulting with an experienced wrongful death attorney as early as possible. The second step is gathering the documentation that supports your claim.
What families can collect on their own includes:
- Police or incident reports
- Medical records related to the injury and death
- Financial records such as pay stubs and tax returns documenting the decedent’s income and contributions to the household
Building The Case
Your attorney will pursue additional evidence through investigation, including surveillance footage, expert testimony, and other materials that require legal process to obtain.
Some families find it helpful to keep a personal journal in the weeks and months following the loss, documenting how daily life has changed. That record can serve as useful evidence of the practical and emotional impact of the death when non-economic damages are evaluated.
Filing The Complaint And What Comes Next
Once the evidence is assembled, your attorney will prepare and file the complaint in the Civil Division of the Superior Court, either in the county where the decedent lived, where the incident occurred, or where the death took place.
From there, the case moves into negotiation and, if necessary, litigation. While most wrongful death claims resolve through settlement, Ellis Injury Law will take your case to trial if the responsible party’s insurer refuses to offer fair compensation for your loss.
Schedule a Free Consultation at Ellis Law Today
Building a strong wrongful death case takes time, and the earlier the investigation begins, the better your chances of preserving critical evidence, securing expert witnesses, and meeting every deadline the law imposes. Even in the midst of grief, reaching out to an attorney sooner rather than later protects your family’s rights. An experienced and compassionate Los Angeles wrongful death lawyer at Ellis Law is ready to fight for the justice your loved one deserves. We offer a free, no-obligation consultation, and we work on a contingency basis, meaning you pay nothing unless we win your case. Contact us today to get started.
