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A wrongful death claim allows the family members of a deceased individual to seek financial compensation from the responsible parties under certain circumstances. However, to be eligible for financial compensation for the wrongful death of a loved one, it is necessary to file a claim by the deadline. In this article, we discuss the time limit for filing a wrongful death claim in California.
What is Wrongful Death?
Wrongful death occurs when an individual’s death can be attributed to the negligent, deliberate, or reckless actions of another person or entity. Examples of wrongful death include:
- Car accident fatalities caused by another’s negligence
- Medical malpractice in which a healthcare worker’s error results in a person’s death
- A physical assault resulting in a death
California Wrongful Death Statute of Limitations
The law establishing the timeline within which a wrongful death lawsuit must be filed is called the statute of limitations. The statute of limitations for wrongful death varies depending on the state. In California, the statute of limitations for filing a wrongful death lawsuit is two years from the date of a person’s passing.
California Wrongful Death Statute of Limitations Exceptions
Although the general deadline for filing a wrongful death lawsuit is two years from a person’s death, there are some circumstances under which this deadline can be extended. One such exception is called the discovery rule. In cases in which a person’s cause of death was initially unknown but later discovered, the statute of limitations clock does not start until the discovery of the cause of death.
In addition, if a wrongful death case is against a public entity, then the relatives of the deceased individual have six months to file a claim with that public entity. Then, if the public entity denies the claim, the deceased person’s relatives have another six months to file a lawsuit.
There are also special filing rules when a minor is involved. A minor suing over the death of a parent has two years from the date that he or she turns 18 to file a claim. In addition, there are special filing rules and deadlines for wrongful death cases involving medical malpractice.
The Bottom Line
Although the statute of limitations for wrongful death in California may seem cut and dry, the exceptions to this rule make filing a wrongful death lawsuit somewhat complicated. Therefore, if you believe that your loved one died as a result of another person’s or entity’s negligence, you should contact an experienced wrongful death attorney for help.
Contact Our Thousand Oaks Wrongful Death Attorneys
If you’ve lost a loved one as a result of negligence, you should contact a wrongful death attorney immediately. At Ardalan & Associates, we understand how difficult it is to deal with the death of a loved one. Not only is there obvious emotional trauma associated with such a loss, but there are also often financial consequences to affected family members. Therefore, when you come to us for help, we will seek to hold the responsible parties accountable and aggressively pursue financial compensation on your behalf. Please contact us today to schedule a consultation with an experienced wrongful death attorney.
Ardalan & Associates, PLC is a personal injury law firm based in Thousand Oaks, also serving all of Southern California, including Los Angeles, Ventura, Kern, and Orange County. We are committed to helping clients involved in personal injury accidents seek justice and navigate their legal journey.