Statute of Limitations for Wrongful Death in California
Written by Robert E. Cartwright
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Key Takeaways
- In California, the standard statute of limitations for a wrongful death claim is two years from the exact date of the victim’s passing (not the date of the underlying accident).
- Medical malpractice wrongful death claims are governed by the discovery rule, requiring families to file within one year of discovering the negligence or within three years of the date of death.
- Claims against government or public entities have a strict six-month deadline to file an administrative claim before a lawsuit can proceed.
- If a minor child is the sole surviving heir filing for the death of a parent, the statute of limitations is tolled until they turn 18, giving them until their 20th birthday to file.
- Missing the applicable statute of limitations permanently forfeits your right to seek financial compensation and closure for your loss.
Losing a loved one is an extremely painful and devastating experience, especially when their death is due to someone’s negligence and carelessness. In addition to emotional distress, it can leave a significant financial burden on a family.
To help alleviate some financial burden, you can file a wrongful death claim against the responsible party to seek restitution for your loss. However, time is of the essence in such legal cases. Families must understand the statutes of limitations for wrongful death claims in California to ensure they do not miss the deadline for seeking justice.
Our wrongful death attorneys in San Francisco can help you identify the statute of limitations and provide reliable legal guidance for your potential case. Contact us today at The Cartwright Law Firm, Inc., to schedule a free initial consultation.
What is a Statute of Limitations?
A statute of limitations is a legal principle that outlines the maximum period of time within which a plaintiff can file a lawsuit after an incident. It is a fixed deadline by which legal action must be taken, or the claim is forfeited permanently.
The purpose of a statute of limitations is to maintain the integrity of the legal system by ensuring that lawsuits are filed promptly. It also serves as a fairness rule aimed at protecting defendants from the burden of defending a lawsuit long after the facts have become stale. It ensures that evidence and testimonies remain fresh and readily available and confers certainty and finality to court proceedings.
The statute of limitations varies depending on the type of claim, the jurisdiction, and the unique facts of the case. Therefore, it is vital to seek legal guidance from an experienced wrongful death attorney to determine the limit for filing a lawsuit in your specific case.
Wrongful Death Statute of Limitations
In California, the statute of limitations for wrongful death cases is two years from the date of the victim’s death. This means that family members have to bring legal action within two years of the death to be eligible to seek restitution.
In many cases, the statute of limitation will be noted as the date the incident occurred. However, in some cases, the victim may have passed at a later date, and the statute of limitations will need to be adjusted to begin on their date of death rather than the date of the incident.
It is important to understand that each case is unique and that different rules and exceptions may apply. That’s why victims’ families must seek the advice of an attorney as soon as possible to understand how the statute of limitations applies to their specific case. A qualified wrongful death attorney can help them navigate these complex laws, identify if any exceptions apply, and determine the statute of limitations for their case.
The most relevant exceptions to the wrongful death statute of limitations include the medical malpractice discovery rule, claims against a public or government entity, and claims initiated by minors.
Medical Malpractice
Medical malpractice cases are subject to a slightly different statute of limitations in California.
The discovery rule states that the statute of limitations does not begin until the victim’s family discovers that the victim died due to someone’s wrongful act. The discovery rule provides an exception to the statute of limitations in cases where the cause of death is not immediately apparent.
For instance, if a family member passes away while in the hospital and the family does not learn for another year that a healthcare provider administered the incorrect medication that caused their death, the statute of limitations will begin on the date they discovered the healthcare provider’s negligence.
When a death occurs due to the medical malpractice of a healthcare provider, the victim’s family has to bring a claim within one year from the date of discovery that the death was caused by medical negligence or three years from the date of death. While this is a strict timeline to adhere to, the discovery rule often gives the victim’s family more time to file a wrongful death lawsuit.
Claims Against a Government Entity
When a wrongful death case is against a public entity, such as a public school or police officer, the family of the deceased person only has six months to file a claim with that public entity. Within 45 days, the public entity typically denies the claim, and the family has another six months to file a lawsuit.
This statute of limitation exception is extremely short, and you and your legal counsel will need as much time as possible to organize the case, gather evidence, and file the lawsuit. If you are seeking a claim against a public entity on behalf of a deceased family member, contact an attorney as soon as possible following their passing.
Exception for Minors
There is a special statute of limitations rule when only a minor is filing a wrongful death claim for the death of a parent. The minor can file a lawsuit within two years from the day they turn 18 years of age.
For instance, if a minor loses a parent as a young teenager and is their only surviving heir, they will have until their 20th birthday to file a wrongful death lawsuit against the responsible party. This rule ensures that young people have an ample amount of time to heal and grieve before making any legal decisions.
Contact Our Wrongful Death Attorneys In San Francisco
Seeking a wrongful death case for the loss of a loved one can be a difficult and overwhelming decision. A wrongful death case can not only provide financial relief for you and your family following your loss, but it can also provide closure after the responsible party is brought to justice.
At The Cartwright Law Firm Inc., we understand the complexities and sensitivities of wrongful death cases and we are dedicated to providing compassion and legal support to our clients during this difficult time.
With decades of experience in litigating wrongful death cases, our attorneys in San Francisco have the knowledge, expertise, and resources necessary to help you get the justice and compensation that you deserve. Contact The Cartwright Law Firm at (415) 433-0444 for experienced guidance.
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