California Wrongful Death: Understanding the Statute of Limitations

Losing a loved one is an incredibly painful experience. When that loss is due to someone else’s negligence or wrongful act, the emotional burden is compounded by legal complexities. In California, if you believe a loved one’s death was wrongful, you have the right to pursue justice and compensation through a wrongful death claim. However, it’s crucial to understand a critical aspect of these cases: the statute of limitations. Missing this deadline can forever bar your ability to seek legal recourse. In 2023, California courts saw a 15% increase in wrongful death filings, highlighting the importance of understanding your rights and acting promptly.

What is a Statute of Limitations?

A statute of limitations is a law that sets a time limit on how long you have to file a lawsuit. These laws exist to ensure fairness and prevent cases from being brought after evidence has become stale or witnesses are no longer available. For wrongful death cases, the statute of limitations is in place to provide a reasonable timeframe for grieving families to investigate the circumstances surrounding the death and decide whether to pursue legal action.

The Statute of Limitations for Wrongful Death in California

In California, the statute of limitations for wrongful death claims is generally two years from the date of the person’s death (California Code of Civil Procedure Section 377.60). This means that you must file a lawsuit within two years of the date your loved one passed away. If you fail to do so, the court will likely dismiss your case, and you will lose your right to recover compensation.

Exceptions to the Two-Year Rule

While the two-year statute of limitations is the general rule, there are some exceptions that may extend the deadline. These exceptions are fact-specific, and it’s essential to consult with an attorney to determine if any of them apply to your situation:

Discovery Rule: This exception applies when the cause of death is not immediately apparent. The statute of limitations may be “tolled,” or paused, until the date when the plaintiff discovered, or reasonably should have discovered, the facts giving rise to the wrongful death claim. For example, if a person dies from mesothelioma, a cancer caused by asbestos exposure, the statute of limitations may not begin to run until the disease is diagnosed, even if that is years after the initial exposure.
Minors: If the deceased has minor children, the statute of limitations for the children’s claims may be tolled until they reach the age of 18. This means the children have two years from their 18th birthday to file a wrongful death lawsuit.
Governmental Entity: If the death was caused by the negligence of a government entity or employee, you must file a claim with the government agency within six months of the date of death. If the claim is denied, you then have six months from the date of denial to file a lawsuit. This is a significantly shorter timeframe than the standard two-year statute of limitations, so it’s crucial to act quickly if a government entity is involved.
Criminal Activity: If the death was the result of a criminal act, the statute of limitations may be extended. California Code of Civil Procedure Section 340.3 allows for an extension in cases where the death is caused by a felony offense for which the defendant has been convicted.

Who Can File a Wrongful Death Claim?

In California, the following individuals can file a wrongful death lawsuit:

The deceased person’s surviving spouse
The deceased person’s surviving children
The deceased person’s surviving parents (if there is no surviving spouse or children)
The deceased person’s personal representative (executor or administrator of the estate)
Other individuals who were financially dependent on the deceased

Damages Recoverable in a Wrongful Death Case

If you are successful in a wrongful death claim, you may be entitled to recover various types of damages, including:

Economic Damages: These damages are intended to compensate you for the financial losses you have suffered as a result of the death, such as:
- Loss of the deceased person’s income and benefits
- Funeral and burial expenses
- Medical expenses incurred prior to death
- Loss of services the deceased provided
- Non-Economic Damages: These damages are intended to compensate you for the intangible losses you have suffered, such as:
- Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support
- Loss of enjoyment of life
- Pain and suffering (in some limited circumstances)

How to Determine When the Statute of Limitations Begins

Determining the exact date the statute of limitations begins can be complex, especially when dealing with exceptions like the discovery rule. Here’s a breakdown of factors that influence this determination:

Date of Death: The most straightforward scenario is when the cause of death is immediately known and directly linked to a specific incident. In such cases, the statute typically starts running from the date of death.
Discovery of Negligence: If negligence or wrongdoing isn’t immediately apparent, the statute may begin when a reasonable person would have discovered the potential cause of the death through due diligence. This might involve reviewing medical records, accident reports, or consulting with experts.
Professional Negligence: In cases involving medical malpractice or other professional negligence, the statute might be triggered when the claimant discovers, or should have discovered, the negligent act that led to the death.
Latent Injuries: For deaths resulting from long-term exposure to hazardous substances, the statute could start when the disease manifests and is diagnosed, linking it back to the exposure.

Why You Need a Wrongful Death Attorney

Navigating the legal complexities of a wrongful death case can be overwhelming, especially while grieving the loss of a loved one. A skilled California wrongful death attorney can help you:

Investigate the circumstances of the death: An attorney can conduct a thorough investigation to determine the cause of death and identify all responsible parties.
Determine the applicable statute of limitations: An attorney can analyze the facts of your case and determine the correct statute of limitations, ensuring that you do not miss any critical deadlines.
Gather evidence to support your claim: An attorney can gather evidence, such as medical records, police reports, and witness statements, to build a strong case on your behalf.
Negotiate with insurance companies: An attorney can negotiate with insurance companies to reach a fair settlement.
Represent you in court: If a settlement cannot be reached, an attorney can represent you in court and advocate for your rights.

Don’t Delay: Act Promptly to Protect Your Rights

The statute of limitations is a strict deadline, and missing it can have devastating consequences. If you believe that a loved one’s death was caused by someone else’s negligence, it is crucial to seek legal advice as soon as possible. An experienced California wrongful death attorney can evaluate your case, explain your rights, and help you take the necessary steps to protect your interests. Contact a qualified attorney today to schedule a consultation and learn more about your legal options.