Losing a loved one because of someone else’s negligence is devastating, and seeking justice often means filing a wrongful death claim. In California, the law limits how long families have to take legal action. Understanding these time limits and how exceptions may apply can determine whether your case moves forward or is barred entirely. Acting promptly ensures evidence remains strong and your rights are protected.
What Is the Statute of Limitations for Wrongful Death in California?
In most wrongful death cases, California law gives families two years from the date of death to file a lawsuit. Missing this deadline can prevent the court from hearing your case, no matter how strong your evidence may be.
However, several exceptions can affect this timeline:
- Medical malpractice deaths: Generally, you have three years from the date of injury or one year from when you discovered the negligence, whichever comes first.
- Government-related claims: If a public entity or employee is involved, you must file an administrative claim within six months before pursuing a lawsuit.
- Delayed discovery: If the cause of death wasn’t immediately clear, the two-year period may begin once the wrongful act is discovered.
Because these timelines vary, it’s important to have an attorney review your situation early to ensure deadlines are met.
Why Timing Matters in a Wrongful Death Case
Filing within the statute of limitations isn’t just about meeting a legal requirement. Timing impacts nearly every part of your case:
- Preserving evidence: Physical evidence, accident reports, and medical records can become harder to obtain over time.
- Locating witnesses: Memories fade, and key witnesses may move or become unavailable.
- Negotiation leverage: Insurance companies take claims more seriously when filed promptly.
- Court acceptance: Once the limitation period expires, courts generally dismiss the case automatically.
Starting early helps ensure your family’s story is heard and the responsible party is held accountable.
Steps to Take Before the Deadline Approaches
If you believe you have a wrongful death claim, you can take several steps to strengthen your position:
- Collect documentation such as death certificates, police reports, and medical records.
- Identify responsible parties—there may be multiple defendants, including individuals, companies, or public entities.
- File the necessary government claim if applicable.
- Seek legal counsel early to determine applicable deadlines and begin the investigation.
These actions can make the difference between a successful recovery and a lost opportunity.
How We Help Families Protect Their Right to Sue
We understand how difficult it is to take legal action while grieving. Our team helps families across Orange County by:
- Evaluating the facts of the death and identifying liable parties
- Calculating applicable filing deadlines under state and local law
- Handling all required claims and court filings
- Pursuing fair compensation through settlement or trial
We will guide you through each stage so your family can focus on healing while we handle the legal details.
Take Action Before It’s Too Late
When someone else’s negligence causes a preventable loss, you deserve justice and accountability. Waiting too long can cost you that chance. At OC Trial Group, APC, we help families in Orange County file timely wrongful death claims and pursue full compensation under California law.
Contact us today to discuss your case and learn your options for moving forward.
FAQ
How long does a wrongful death lawsuit take in California?
It depends on the complexity of the case and whether it settles or goes to trial. Some cases resolve in months, while others take a year or longer.
Can I sue if the person responsible is facing criminal charges?
Yes. A wrongful death claim is a civil action, separate from any criminal proceedings. You can pursue both at the same time.
Who can file a wrongful death claim in California?
Typically, the surviving spouse, children, or other dependents may file. In some cases, parents or stepchildren may also qualify.