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 toll can be even more devastating. While no amount of money can truly compensate for the loss of a family member, California law allows surviving family members to pursue a wrongful death claim against the responsible parties. However, it’s crucial to understand that these claims are subject to a strict timeline known as the statute of limitations. Missing this deadline can mean losing your right to seek justice and financial recovery. In California, the statute of limitations for wrongful death cases is generally two years from the date of death. But, according to the California Department of Public Health, there were 3,958 preventable deaths in 2021, highlighting the importance of understanding your rights and the time limits for pursuing a claim.
This article will explain the California wrongful death statute of limitations, including exceptions and key legal considerations.
What is a Statute of Limitations?
A statute of limitations is a law that sets a deadline for filing a lawsuit. The purpose of these laws is to ensure that claims are brought in a timely manner, while evidence is still fresh and witnesses are available. In California, the statute of limitations for most personal injury cases, including wrongful death, is governed by California Code of Civil Procedure Section 335.1.
The General Rule: Two Years From the Date of Death
In most California wrongful death cases, the statute of limitations is two years from the date of the person’s death (California Code of Civil Procedure § 335.1). This means that the lawsuit must be filed within two years of the date of death, or the claim will be forever barred. For example, if a person dies in a car accident on January 1, 2024, the family must file a lawsuit by January 1, 2026.
Exceptions to the Two-Year Rule
While the two-year statute of limitations is the general rule, there are several important exceptions that can either shorten or extend the time to file a wrongful death claim in California.
1. Medical Malpractice
If the death was caused by medical malpractice, a different statute of limitations applies (California Code of Civil Procedure § 340.5). In these cases, the lawsuit must be filed within one year of discovering the injury (the malpractice) or three years from the date of the injury, whichever comes first.
For example, if a doctor misdiagnoses a patient in 2022, and the patient dies in 2024 as a result of the misdiagnosis, the family has one year from discovering the misdiagnosis or three years from the date of the misdiagnosis to file a lawsuit. If the misdiagnosis was discovered in 2023, the lawsuit must be filed by 2024.
2. Claims Against Government Entities
If a government entity or employee is responsible for the wrongful death, the statute of limitations is significantly shorter. In California, you only have six months from the date of death to file a claim with the government entity (California Government Code § 911.2). If the claim is denied, you have six months from the date of the denial to file a lawsuit. This shorter deadline applies to cases involving:
- Accidents involving government vehicles
- Medical malpractice at government-run hospitals
- Dangerous conditions on public property
- Actions of government employees
3. The Discovery Rule
In some cases, the cause of death may not be immediately apparent. The “discovery rule” may apply in these situations. This rule states that the statute of limitations does not begin to run until the surviving family members discover, or reasonably should have discovered, the facts giving rise to the claim.
For example, if a worker dies due to toxic chemical exposure in 2020, but the cause is not discovered until 2023, the family may have until 2025 to file a lawsuit. To invoke the discovery rule, victims must demonstrate that they were unaware of the harm, the harm wasn’t discoverable, and reasonable efforts couldn’t have uncovered it earlier.
4. Wrongful Death of a Minor’s Parent
California law has a specific statute for minors filing wrongful death claims for the death of a parent. This law allows them to file the action within two years of turning 18. So, if the incident occurred when the minor was 12, they have until 20 to file legal action. For example, if a 12-year-old child loses a parent in a wrongful death accident in 2024. The statute of limitations is paused until they turn 18 in 2030, giving them until 2032 to file a lawsuit.
Who Can File a Wrongful Death Claim in California?
California Code of Civil Procedure 377.60 specifies who can file a wrongful death claim. Generally, the following individuals are eligible:
- Surviving spouse or domestic partner
- Children (biological and adopted)
- Grandchildren (if the deceased’s children are also deceased)
- Parents (if there is no surviving spouse, domestic partner, or children)
- Other individuals who were financially dependent on the deceased
Damages Recoverable in a Wrongful Death Claim
In a successful wrongful death case, the plaintiff can recover various damages, including:
- Economic Damages: These are quantifiable financial losses, such as:
- Medical expenses related to the deceased’s final illness or injury
- Funeral and burial costs
- Lost earnings the deceased would have earned in the future
- Loss of benefits (health insurance, retirement funds)
- Value of household services the deceased provided
- Non-Economic Damages: These are intangible losses, such as:
- Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support
- Loss of enjoyment of sexual relations
- Pain and suffering (in some cases)
- Punitive Damages: These are awarded to punish the defendant for egregious conduct, such as intentional harm or gross negligence.
The “One Action Rule”
California’s “one action rule” requires all eligible heirs to join together in a single wrongful death lawsuit. This rule aims to prevent multiple lawsuits against the same defendant arising from the same death. The major exception to this rule is that heirs who were minors (under 18 years old) can bring a subsequent lawsuit when they are adults if they were left out of the initial lawsuit. Otherwise, eligible heirs who fail to assert their claim in the initial wrongful death suit will likely lose the right to recovery later.
Survival Actions vs. Wrongful Death Claims
It’s important to distinguish between wrongful death claims and survival actions. A wrongful death claim is brought by the surviving family members to recover damages for their own losses resulting from the death. A survival action, on the other hand, is brought on behalf of the deceased’s estate to recover damages the deceased suffered before death, such as medical expenses, lost wages, and pain and suffering.
Why You Should Consult a Wrongful Death Attorney
Navigating the complexities of California’s wrongful death laws can be challenging, especially while grieving the loss of a loved one. An experienced wrongful death attorney can help you:
- Determine the applicable statute of limitations in your case
- Identify all potential defendants
- Gather evidence to support your claim
- Negotiate with insurance companies
- Represent you in court, if necessary
Don’t Delay: Contact a Wrongful Death Attorney Today
The statute of limitations in California wrongful death cases can be complex and unforgiving. Missing the deadline to file a lawsuit can mean losing your right to seek justice and compensation for your loss. If you have lost a loved one due to someone else’s negligence or wrongful act, it is crucial to speak with an experienced California wrongful death attorney as soon as possible to protect your rights.