California Wrongful Death Statute of Limitations – 2025 Updated

If your family member has died because of someone else’s negligence or intentional wrongdoing, that’s known as a wrongful death, and you could be entitled to compensation. However, you only have a certain amount of time following your loved one’s death to file a wrongful death claim. That time is known as the California wrongful death statute of limitations.

Why Hire a Wrongful Death Lawyer?

A wrongful death lawyer will have an intimate understanding of California wrongful death laws and how they apply to the specific circumstances surrounding your loved one’s passing. They will be able to gather evidence, talk to witnesses, and create compelling legal arguments to help you support your claim. Working with a lawyer means you can focus on what’s most important during this difficult time: grieving for your loved one.

There were more than 220,000 unintentional injury deaths in the country in 2023. During that year, 4,061 traffic fatalities occurred in California, many of which may have had grounds for wrongful death claims.

It is wise to hire a wrongful death lawyer as soon as possible after your loved one passes away to increase the chances of receiving a suitable settlement. Although a wrongful death claim cannot bring back your loved one, you can obtain compensation to cover costs and help provide for the future of eligible surviving family members.

Definition of Wrongful Death

In the Golden State, wrongful death is considered to have occurred when someone causes a death through negligence, recklessness, or carelessness, and that death could reasonably have been avoided. The most common cause of wrongful deaths is car accidents, but medical malpractice and workplace injuries can also lead to wrongful death claims.

Only the family members of the decedent can file a wrongful death claim in California. They can include:

• Surviving spouses
• Domestic partners
• Children
• Grandchildren
• Dependent stepchildren
• Heirs to the estate

Exceptions to the Statute of Limitations

The California wrongful death statute of limitations is generally two years. However, there are some circumstances in which you have less time to file a claim, so it’s essential that you understand the statute of limitations and hire a wrongful death attorney as soon as possible following the incident.

There are several exceptions to the two-year statute of limitations for wrongful death in California. If you are planning to file a claim against a government entity, you only have six months from the date when you became aware of the wrongful death to take action.

In most cases of wrongful death resulting from medical malpractice, you have just one year to file a claim if you knew or should have discovered that the death was caused by negligence, or three years from the date of death, whichever occurs first. If a minor under the age of six dies due to medical malpractice, their family will have up to three years from the date of the injury to file a suit, or until the minor would have turned eight.

The Discovery Rule

In California, the discovery rule indicates that the statute of limitations starts when the family becomes aware that it was negligence that caused their loved one’s death. You don’t have two years from the date of the death, in most cases, but two years from the date when you discovered the cause. Medical malpractice claims are the exception.

Partial Fault Laws

California is a pure comparative negligence state, which means that families are still able to pursue wrongful death claims if their loved ones shared partial blame for the accident that caused their deaths. Even if the decedent is found to be 99% at-fault, the family can still file a claim against the party who was 1% responsible as long as it is filed before the two-year statute of limitations expires. The amount of fault assigned to the decedent will influence the settlement amount.

Damages for Wrongful Deaths

There are two categories of damages you can claim in a wrongful death case. Economic damages include costs such as:

• Funeral costs
• Lost income
• Lost benefits

Non-economic benefits include things like:

• Loss of companionship
• Loss of a mentor for a child
• Emotional pain and suffering

FAQs

Q: What Is the New Law in California for Wrongful Death?

A: The new law in California for wrongful death is Senate Bill 447. SB 447 was approved on October 1, 2021, and took effect on January 1, 2022. It allows people to recover damages for pre-death pain and suffering on the part of the decedent in wrongful death claims filed between January 1, 2022, and January 1, 2026. These damages are separate from the pain and suffering experienced by family members.

Q: What Is the One-Action Rule for Wrongful Death in California?

A: The one-action rule for wrongful death in California indicates that only one claim can be brought for a single incident. It requires all eligible parties to join the same claim to prevent multiple actions from being brought for the same incident. This rule consolidates claims and allows for the proper allocation of damages.

Q: Is There a Cap on Wrongful Death Damages in California?

A: There is no cap on wrongful death damages in most cases in California. The amount of damages awarded depends on factors such as the victim’s income, the family’s lost benefits, and funeral costs. The exception, however, is medical malpractice cases, which do have a cap on non-economic damages. Hiring an attorney with experience handling wrongful death cases can help you obtain a settlement that covers all the damages suffered by the decedent and their family.

Your California Wrongful Death Lawyer

If your loved one died due to the negligence or intentional actions of another person, you should seek legal assistance immediately. Freeman & Freeman, LLP, can help you seek restitution for your loved one’s suffering, but only if you file a claim within the California wrongful death statute of limitations.

Our dedicated lawyers have decades of experience, resulting in exceptional settlements for our clients. They have also earned honors such as a 10.0 Superb Avvo rating, recognition as Super Lawyers, and the highest AV Preeminent rating from Martindale-Hubbell. Contact us today to schedule an initial consultation.