California Wrongful Death Statute of Limitations: Don't Miss the Deadline
· Wrongful Death · 4 min read
In California, most wrongful death lawsuits must be filed within 2 years of the date of death. But there are exceptions — government entities, medical malpractice, and delayed discovery can all change the clock. Here's what families need to know.
California's wrongful death statute of limitations is one of the most important — and most misunderstood — deadlines in personal injury law. Miss it, and your family permanently loses the right to seek compensation, no matter how clear-cut the other party's fault was. Here's everything you need to know.
The Standard 2-Year Deadline (CCP § 335.1)
Under California Code of Civil Procedure § 335.1, the statute of limitations for a wrongful death lawsuit is 2 years from the date of death. This is a hard deadline — courts almost never grant extensions except in very specific circumstances.
Note that the clock starts from the date of death, not the date of the accident or injury that caused the death. If someone was injured in an accident and died 3 months later from their injuries, the 2-year clock starts from the date of death — not the accident date.
Government Entity Exception: 6-Month Deadline
If the wrongful death involved a government entity — a city bus, a county road defect, a state vehicle, a public hospital — California's Government Claims Act (Government Code § 911.2) requires you to file a government tort claim within 6 months of the date of death.
This applies to:
- City and county vehicles (police cars, fire trucks, city buses)
- State vehicles (Caltrans trucks, CHP vehicles)
- Public hospitals and county medical centers
- Public school districts
- Public utilities
- Any other government agency or entity
After the government denies your claim (or 45 days pass without a response), you have 6 months to file a lawsuit. Missing the initial 6-month claim deadline is fatal to your case — courts have no discretion to excuse it.
Medical Malpractice Wrongful Death: Different Rules
If the wrongful death was caused by medical malpractice, California Code of Civil Procedure § 340.5 applies instead of § 335.1. The deadline is:
- 3 years from the date of injury, OR
- 1 year from the date you discovered (or should have discovered) the malpractice
- Whichever is earlier
Medical malpractice wrongful death cases are complex. The "discovery rule" can be difficult to apply — when did the family "discover" that malpractice caused the death? If the hospital or doctor concealed the malpractice, the discovery date may be later than the death date. An attorney can help you determine the applicable deadline in your specific case.
Federal Government: FTCA 2-Year Deadline
If the wrongful death involved a federal government employee or agency (U.S. military, federal hospital, federal vehicle), the Federal Tort Claims Act (28 U.S.C. § 2401(b)) applies. You must file an administrative claim with the relevant federal agency within 2 years of the date of death. Only after the agency denies your claim (or 6 months pass) can you file a federal lawsuit.
Tolling: When the Clock Can Be Paused
In limited circumstances, the statute of limitations can be "tolled" (paused):
- Minor heirs: If the heir filing the claim is a minor, the statute of limitations may be tolled until they turn 18
- Mental incapacity: If the heir is mentally incapacitated, the clock may be tolled
- Fraud or concealment: If the defendant actively concealed the cause of death, the discovery rule may apply
These exceptions are narrow and difficult to prove. Do not rely on tolling — act within the standard deadline.
Frequently Asked Questions
What if I didn't know the death was caused by someone's negligence until after 2 years?
California's "discovery rule" may apply in limited circumstances — if you could not reasonably have discovered the cause of death within the standard deadline. This is most common in medical malpractice cases where the cause of death was concealed. Consult an attorney immediately — these arguments are complex and courts apply them narrowly.
Can I file a wrongful death lawsuit if the criminal case is still pending?
Yes. A civil wrongful death lawsuit is completely separate from any criminal prosecution. You do not need to wait for the criminal case to conclude. In fact, waiting can hurt your civil case — evidence disappears and witnesses' memories fade. File the civil lawsuit as soon as possible.
What if the person who caused the death has died too?
You can still file a wrongful death lawsuit against the deceased person's estate. The estate is liable for the deceased's negligent acts. Contact an attorney to identify the estate's assets and the proper procedure for filing a claim against an estate.
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