California Code of Civil Procedure § 377.60
Wrongful Death
A claim brought when someone dies due to another party’s negligence or wrongdoing.
Statute of Limitation in California
The statute of limitations for filing a wrongful death claim is typically two years from the date of the deceased's death.
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Exceptions & Conditions
An exception occurs when the deceased was a minor; for minors, the time frame can be extended until their 18th birthday, and the claim must be filed within two years after that. Additionally, the claim can be pursued by the surviving spouse, domestic partner, children, putative spouses, or dependents of the decedent. Contact an attorney.
Example Scenario
If an individual passes away on March 1, 2022, the family must file a wrongful death claim by March 1, 2024.
Understanding Statutes of Limitations in California
The statute of limitations for wrongful death in California acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by California state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for wrongful death after the 2-years period has expired, the defendant will likely file a motion to dismiss the case. In California, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, California law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in California serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (2 years in this instance), potential liability is extinguished.
Can this be resolved in California Small Claims court?