In California, the general statute of limitations for filing a wrongful death claim is two years from the date of the victim’s death, meaning family members have this period to file a lawsuit before the claim is considered forfeited.
However, exceptions exist, such as in cases of death caused by medical malpractice. For these instances, the statute of limitations is either one year from the discovery that the death was due to medical negligence or three years from the date of the death, whichever comes first.
The term “statute of limitations” refers to the legally defined time limit within which a lawsuit must be filed. If a claim is brought after this period has expired, it is likely that the court will dismiss the case.
Under the California Code of Civil Procedure 377.60, wrongful death law allows family members to seek damages for the death of a loved one caused by someone else’s wrongful act. Those considering such a lawsuit should consult with an experienced personal injury attorney to understand more about their rights and the specifics of making a claim.
What is The 2-year Statute of Limitations?
In California, the statute of limitations for initiating a wrongful death lawsuit is two years, starting from the date of the decedent’s death.
For instance, if an individual dies immediately due to a car accident, the deceased’s family members must file a lawsuit within two years from the date of the accident.
However, if the incident led to the individual being comatose for six months before dying, the statute of limitations for a wrongful death claim begins at the time of death, rather than the date of the accident.
There are exceptions to this two-year limit. Notably, the discovery rule modifies the commencement of the statute of limitations to the point when the victim’s family becomes aware of the death, potentially extending the timeframe available for filing a wrongful death lawsuit.
Medical Malpractice Cases
In cases of wrongful death attributed to medical malpractice, the family of the deceased must file a claim within the shortest of two specific timeframes:
- One year from the date they discovered the death was caused by medical negligence, or
- Three years from the date of the victim’s death.
Medical malpractice occurs when an injury to a patient results from a health care provider’s negligent act or omission. This could involve a hospital, doctor, or other health care professional.
Claims Against The Government
In cases where a wrongful death is caused by a government entity or its employee, the statute of limitations is notably shorter. Claims must be filed within six months from the date of death.
Examples of scenarios where a government entity might be involved in a wrongful death lawsuit include:
- Accidents occurring at public schools,
- Car accidents involving government-owned vehicles,
- Malpractice incidents at publicly operated medical centers.
Minors Suing for Death of a Parent
When a wrongful death claim is filed solely by a minor for the death of a parent, a specific statute of limitations applies. The minor has until two years after their 18th birthday to initiate legal action.
For instance, if a parent dies due to a defective machine at work, leaving behind only a 12-year-old daughter, the daughter is not required to file the wrongful death claim immediately. Instead, she has until she turns 20 years old to file the lawsuit.
How Wrongful Death Claims Work?
In wrongful death cases, family members seek to recover damages due to the death of a loved one caused by another’s wrongful act, as defined under Code of Civil Procedure 377.60.
Wrongful acts that can lead to such claims include:
- Car accidents, including those involving DUI drivers
- Pedestrian accidents
- Slip-and-fall incidents
- Drownings
- Assault and battery
- Murder or manslaughter
- Elder abuse or neglect
- Child abuse or neglect
- Medical malpractice
Eligibility to file a wrongful death lawsuit extends to:
- Surviving spouses
- Domestic partners
- Children
- Grandchildren, if the deceased person’s children are deceased
- Other minor children, such as stepchildren, who depended on the deceased for at least 50% of their financial support
- Any other individuals entitled to the deceased’s estate under California’s intestate succession laws
Given the complexity of these cases, it is advisable for those considering a wrongful death lawsuit to consult with a lawyer experienced in wrongful death or personal injury law.
Possible recoveries in a wrongful death claim may include:
- Burial and funeral expenses
- Lost income that the deceased would have earned
- Compensation for loss of companionship and support from the deceased
It’s important to distinguish wrongful death claims from survival actions, which are filed on behalf of the deceased’s estate to address the victim’s own losses from the wrongful act. Unlike wrongful death claims, survival actions can include punitive damages.
The statute of limitations for filing a survival claim is two years from the date of death. California’s “one action rule” mandates that all heirs join in a single wrongful death lawsuit to avoid multiple claims against the same defendant and ensure judicial efficiency. A notable exception allows heirs who were minors at the time of the wrongful act to file a lawsuit as adults if they were not included in the initial lawsuit. Failing to join the initial lawsuit typically precludes later recovery.
