Wrongful Death Claim Deadlines in CA You Need to Know
Losing a loved one is one of the most devastating things anyone can experience, especially when that loss happens because of someone else’s carelessness or misconduct. In California, if you’ve lost a family member due to another party’s negligence, you may have the right to file a wrongful death claim to seek compensation for your loss. But—and this is a big but—there’s a clock ticking.
California law sets strict deadlines for filing a wrongful death lawsuit. Missing the deadline could mean losing your chance to pursue justice, no matter how strong your case is. So, let’s break it all down in plain English—what you need to know, when you need to act, and how a personal injury attorney in Chico can help guide you through this complex and emotional process.
What Is a Wrongful Death Claim?
Before we dive into the deadlines, let’s make sure we’re on the same page about what a wrongful death claim actually is.
A wrongful death claim is a civil lawsuit that can be brought when someone dies due to the legal fault of another person or entity. This could be the result of:
- A car accident caused by a drunk or distracted driver
- Medical malpractice
- Dangerous or defective products
- Workplace accidents
- Criminal actions (like assault or manslaughter)
In California, the right to file a wrongful death claim is governed by the California Code of Civil Procedure § 377.60. This law allows certain surviving family members—or a representative of the deceased’s estate—to seek compensation for things like:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship, affection, and guidance
- Emotional suffering
But—and we can’t stress this enough—this right doesn’t last forever.
The Statute of Limitations: Why It Matters
The “statute of limitations” is a legal deadline for filing your claim. In California, the general statute of limitations for a wrongful death claim is two years from the date of your loved one’s death.
Let’s say your spouse died in a car accident on January 1, 2024. You would have until January 1, 2026, to file your wrongful death lawsuit in court.
If you try to file even one day late, the court will likely dismiss your case. That means no settlement, no trial, and no legal recourse. You’ll be left to carry the burden of your loss without any compensation.
Are There Exceptions to the Two-Year Rule?
Yes, but they’re limited and tricky. There are some circumstances under which the two-year deadline can be “tolled” (that’s legal speak for paused or extended). Here are a few examples:
1. Delayed Discovery of Death
If the cause of death wasn’t immediately known or obvious—like in some medical malpractice cases—you might have extra time. The statute of limitations could start from the date you discovered (or reasonably should have discovered) that your loved one’s death was caused by negligence.
For example, if a surgical error wasn’t discovered until months later during an autopsy, the clock might start at the time of that discovery rather than the actual date of death.
2. Medical Malpractice Exception
In cases involving medical negligence, California law gives you the earlier of:
- Three years from the date of injury (death), or
- One year from the date you discovered (or reasonably should have discovered) the malpractice
This makes medical wrongful death cases especially complicated and time-sensitive.
3. Government Entity Involvement
Was a government agency involved in your loved one’s death? Maybe they were hit by a city bus or died because of unsafe conditions on public property. If that’s the case, you’ll need to file a government claim within just six months of the death.
If you don’t file that initial administrative claim within six months, you can’t sue later.
After you file the government claim, the agency has 45 days to respond. If they deny your claim, you then have six months from the denial to file a lawsuit.
4. Minors and Disabled Individuals
If the person entitled to file a wrongful death claim is a minor (under 18) or legally incapacitated, the statute of limitations may be tolled until they reach legal adulthood or regain legal capacity. However, these rules are complex, and you should talk to an attorney ASAP to understand how they apply to your case.
What Happens If You Miss the Deadline?
We hate to say it, but missing the deadline usually means you’re out of luck. The defendant (the party you’re suing) can file a motion to dismiss the case, and the court will almost certainly grant it.
No matter how strong your case is, if it’s filed too late, it simply won’t be heard. That’s why it’s absolutely critical to act quickly and get legal advice early on.
Why Timing Matters Even Beyond the Legal Deadline
Even though you technically have up to two years, waiting that long isn’t a good idea. Here’s why acting sooner is almost always better:
Evidence Can Disappear
Over time, evidence gets lost or destroyed. Witnesses’ memories fade. Security camera footage is overwritten. The sooner you start building your case, the stronger it will be.
Financial Relief Comes Sooner
Wrongful death often causes immediate financial hardship, especially if the deceased was a breadwinner. The sooner your case is filed, the sooner you may be able to receive a settlement or judgment.
Emotional Closure
Pursuing a wrongful death claim can also bring a sense of justice and closure. Delaying the process can prolong the emotional pain.
Who Can File a Wrongful Death Claim in California?
Not everyone who was close to the deceased can file a claim. California law limits eligibility to:
- The deceased’s surviving spouse or domestic partner
- The deceased’s children
- If there’s no spouse or children: anyone who would be entitled to the deceased’s property through intestate succession (like parents or siblings)
- Stepchildren, putative spouses, and others who were financially dependent on the deceased may also qualify under certain conditions
If you’re unsure whether you’re eligible, don’t guess—talk to a knowledgeable attorney for clarification.
How a Chico Personal Injury Attorney Can Help
We get it: filing a wrongful death claim isn’t just about money—it’s about justice, healing, and holding the responsible party accountable. But it’s also a complicated legal process that requires time, research, and skill. That’s where we come in.
At The Law Offices of Max G. Arnold, our experienced wrongful death lawyers have helped hundreds of families across California navigate these heartbreaking situations. Here’s what we bring to the table:
- Legal expertise: We know the ins and outs of California wrongful death law, including every nuance of the statute of limitations.
- Investigative resources: We work with experts to gather evidence, reconstruct accidents, and build compelling cases.
- Compassionate support: We understand the emotional toll this takes, and we’re here to help, not pressure you.
- Local presence: With offices in Chico, Redding, and Santa Rosa, we’re never far from where you need us.
You don’t have to go through this alone. Let us fight for your family while you focus on healing.
What Should You Do Next?
If you believe you may have a wrongful death claim, time is of the essence. Here’s what you should do today:
- Write down everything you know about the incident.
Include dates, names, and details. The more you remember now, the better.
- Save important documents.
Keep copies of death certificates, medical records, accident reports, and correspondence with any involved parties.
- Reach out to a wrongful death attorney.
Don’t try to figure this out alone. The legal system is too complicated, and the risks are too high.
Call The Law Offices of Max G. Arnold Today
We understand that no amount of money can bring back your loved one. However, a wrongful death claim can ease the financial burden, provide a sense of justice, and prevent similar tragedies from happening to others.
Let’s talk about how we can help.
Call us at (707) 535-1920 to schedule your free case evaluation at one of our offices in Chico, Redding, or Santa Rosa.
The sooner you contact us, the sooner we can start building your case and your path toward healing.
Categorised in: Wrongful Death
