Losing a loved one is extremely traumatic, and when another's negligence causes their death, the emotional burden is intensified by the complexities of the legal process. In California, families can seek compensation through a wrongful death claim, but understanding the statute of limitations is crucial. This time frame dictates how long survivors have to file a claim. Failing to meet the deadline can result in the dismissal of the case.
The statute of limitations for wrongful death in California is typically two years from the date of death, with certain exceptions, such as cases involving medical malpractice or government entities. Navigating wrongful death claims requires understanding these time limits and how they affect your ability to pursue justice. Timely legal action is essential to ensuring families can seek the compensation they deserve.

What Is the Statute of Limitations for Wrongful Death in California?

The statute of limitations for a wrongful death lawsuit is typically two years. Nevertheless, exceptions can extend or shorten this period, such as when the cause of death is discovered later or in cases involving medical malpractice or government entities, each with their own deadlines. Understanding these exceptions is essential to guaranteeing you don't miss the opportunity to seek justice.

Exceptions to the Two-Year Rule

The Discovery Rule
The discovery rule is a key exception to the two-year statute of limitations. It applies when the cause of death isn't immediately clear, such as in cases of medical malpractice or prolonged exposure to harmful substances. The statute of limitations begins when the family discovers, or should have reasonably discovered, that the death was caused by wrongful actions. This rule ensures families can seek justice even if they were unaware of the cause of death at first.

Medical Malpractice and Wrongful Death
In cases of wrongful death due to medical malpractice in California, the statute of limitations is either one year from the date the family discovers the cause of death or three years from the date of death, whichever comes first. For example, if a person dies from a misdiagnosis during surgery, the clock starts when the family learns the cause of death, giving them one year from discovery or three years from the death to file a claim.

Claims Against Government Entities
If the wrongful death is caused by the actions of a government entity or one of its employees, such as in the case of an accident involving a government vehicle or a slip-and-fall injury in a public place, the statute of limitations is significantly shorter. In California, a wrongful death claim opposing a government entity must be filed within six months from the date of death. This is a much stricter deadline, and failing to file within this timeframe may lead to the loss of the right to pursue legal action.

Minors Filing for the Death of a Parent
In California, if a minor's parent dies, the minor can file a wrongful death claim within two years of turning 18. For example, if a child's parent dies when they are 12, they have until their 20th birthday to file. This extended time frame allows minors to pursue justice once they reach adulthood.

How Do Wrongful Death Claims Work in California?

Common causes of wrongful death include:

• Car accidents (including accidents involving drunk driving)
• Medical malpractice
• Premises liability accidents (such as slip-and-fall accidents)
• Workplace accidents
• Product liability (defective products)
• Criminal actions (such as murder or manslaughter)

In a wrongful death claim, the surviving family members (such as a spouse, children, or parents) can seek damages for the following:

• Funeral and burial expenses: The costs associated with burying the deceased.
• Loss of financial support: The income the deceased would have provided to their family if they had not passed away.
• Loss of companionship: The emotional distress caused by the death of a loved one, including the loss of affection, love, and care.
• Pain and suffering: The suffering caused to the family due to the loss of their loved one.
• Loss of household services: The value of the deceased's contributions to the household, such as childcare, maintenance, and other services.

Who Can File a Wrongful Death Claim in California?

California's wrongful death statute, as outlined in the California Code of Civil Procedure Section 377.60, enables certain people to bring a claim for wrongful death. Those who are eligible to file a claim include:

• Surviving spouse: A husband or wife who was legally married to the deceased at the time of death.
• Children: Biological or adopted children of the deceased.
• Domestic partners: Registered domestic partners who were living with the deceased at the time of death.
• Parents: If the deceased had no spouse or children, parents may file a claim.
  Other dependent family members: If the deceased provided financial support to other family members (such as stepchildren or siblings), they may be eligible to file a claim.

The eligibility to file a wrongful death claim is not limited to immediate family members, so those who were financially or emotionally dependent on the deceased may also be entitled to pursue compensation.

The Importance of Filing a Timely Wrongful Death Claim

Filing a wrongful death claim within the statute of limitations is crucial, as missing the deadline can bar you from seeking compensation. The clock starts when your loved one passes, so it's important to consult an experienced personal injury lawyer promptly. They can guide you through the legal process, gather evidence, and ensure your claim is filed on time.

Statute of Limitations for Wrongful Death Law Firm in California

If you are facing the painful loss of a loved one because of another party's negligence or wrongful act, you need the guidance of an experienced personal injury lawyer in California. Bulldog Law specializes in wrongful death cases and can provide the legal support you need to seek justice and compensation for your loss. Their team of skilled attorneys understands the emotional and legal intricacies involved in wrongful death claims and will work relentlessly to protect your rights.
Whether you are dealing with a car accident, medical malpractice, or another type of wrongful death case, Bulldog Law is here to help you through the legal process. Their attorneys have the experience and resources necessary to pursue justice on your behalf.