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

Posted on by Naseer Khan
statute of limitations book on a desk

Losing a loved one to wrongful death can be emotionally devastating. While no amount of money could make up for your unimaginable loss, you deserve justice if you have lost a family member due to another party’s negligence. To seek justice for the loss of your loved one, you can file a wrongful death claim as long as you are within the parameters of California’s statute of limitations.

NK Law Group is a California personal injury law firm dedicated to providing passionate and personalized representation to clients who have suffered a loss due to wrongful death. We understand that the last thing on your mind after grieving your loss is to take legal action. However, wrongful death can be emotionally and financially distressing to families, and filing a claim can offer relief as you try to get the justice your loved one deserves.  If you have suffered due to another party’s negligence, the California wrongful death lawyers at NK Law Group can help you complete your claim within the state’s statute of limitations. 

California’s Statute of Limitations for Wrongful Death Claims

After a loved one passes away due to negligence, it is expected that family members will need time to grieve their unimaginable loss. While the thought of filing a wrongful death claim can seem overwhelming, it is important that you begin this process as soon as possible. Despite your right to file a wrongful death claim, you may forgo that right if you do not complete the claims process by the state’s statute of limitations.

A statute of limitations is the maximum time individuals have to begin legal proceedings after an incident. If the individual fails to settle the claim or file a lawsuit within this window, then they may lose their chance at obtaining any recovery. 

In California, the statute of limitations for wrongful death claims for most accidents is two years from the date of the decedent’s passing. Of course, there some exceptions to the two year statute of limitations rule:

  • Medical Malpractice: The victim’s family has to bring the claim within the earliest of one year from the date of discovery that the malpractice was the cause of death, or three years from the date of the negligent death.
  • Government or Public Entity: The heirs of the victim have 6 months from the date of the death to file a claim with the government entity.  Examples of government entity claims include: a car accident caused by an employee of a government entity driving a government car, or an accident at a public park.  
  • Minor Suing for Death of a Parent: If a minor is the only person making a claim for the wrongful death of a parent, then the minor must file within two years from the day that he/she turns 18 years old.  Essentially, the minor has until his/her 20th birthday to file a claim. 

To ensure you can file your claim before the applicable statute of limitations is up, retain the help of a trusted wrongful death lawyer in California as soon as possible. 

How to Prove Liability in a Wrongful Death Claim in California

To ensure that the responsible party is held liable after a wrongful death, you must be able to prove liability. To prove liability in your wrongful death claim, you must provide evidence of the four elements of negligence. These elements are as follows:

  • The liable party owed you a duty of care
  • The liable party failed to uphold the duty of care owed to you
  • The breach in duty of care caused your injury
  • You suffered a loss as a result

To get help providing liability in your wrongful death claim, contact a trusted California lawyer. When you work with an experienced wrongful death attorney, they can help you build a strong claim so you may retrieve damages you are owed, like medical expenses, lost wages, and pain and suffering. 

Get Help From a California Wrongful Death Lawyer Today

Suffering from the loss of a loved one as a result of wrongful death can result in immense grief and emotional trauma for the family members of the deceased. To get help with your wrongful death claim, retain the help of a trusted lawyer in California as soon as possible. 

The award-winning wrongful death lawyers at NK Law Group have been helping clients in California build strong wrongful death claims for years. Our trusted legal team is dedicated to providing clients with the experienced representation they deserve. To schedule a free consultation with a California lawyer, contact us here or call (510) 519-9497.

Naseer Khan, Esq.

EXPERTLY REVIEWED BY

Naseer Khan, Esq.

April 4 2023

Top-rated personal injury attorney Naseer Khan, Esq. has over a decade of experience advocating for injury victims in California. As an award-winning attorney and a member of the American Association for Justice, Khan has a stellar track record of success and devotion to justice for his clients.

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