Filing Deadlines for Wrongful Death Claims in California

Filing Deadlines for Wrongful Death Claims in California

• October 6, 2025
• Categories: Wrongful Death

If you and your family are experiencing the grief and sorrow of losing a loved one due to an accident or other tragedy caused by someone else’s negligence, you may be wondering about the filing deadlines for wrongful death claims in California. It is hard to think about legal matters when there are so many funeral and estate details to take care of, while also grieving. This is when a skilled wrongful death attorney can step in and handle legal issues for you.

Why Choose Neale & Fhima?

The wrongful death attorneys at Neale & Fhima have more than 40 years of combined experience in handling personal injury and accidental death cases in California. We know the complexities of the law, and we use this knowledge to seek the highest compensation possible for every client. We’re transparent and will explain to you the legal process, potential hurdles, and estimated value of your claim before you make a decision about hiring us. We have countless satisfied clients who refer family and friends to our law firm.

What Constitutes a Wrongful Death Claim in California?

A wrongful death claim in California arises when someone’s death is caused by another person’s negligent, reckless, or intentional actions. Governed by California Code of Civil Procedure § 377.60, these claims allow eligible survivors to seek compensation for their losses. Below are the key components:

Legal Definition of Wrongful Death

A wrongful death occurs due to a “wrongful act or neglect” by another individual or entity.  This encompasses:

• Negligence: Car accidents, workplace fatalities, medical malpractice, etc.
• Recklessness: Drunk driving or intentional harm (such as assault, elder abuse)
• Product liability: Defective products causing fatal injuries.

(At Neale & Fhima, our team also includes skilled car accident lawyers, product liability attorneys, and other personal injury lawyers who can file personal injury claims for you if an accident results in harm rather than death.)

Elements to Prove

To succeed, plaintiffs must establish four elements:

1. Duty of Care: The defendant owed the deceased a legal obligation (such as safe driving, proper medical treatment).
2. Breach of Duty: The defendant failed to meet that obligation through action or inaction.
3. Causation: The breach directly caused the death (medical records or accident reports linking negligence to fatality).
4. Damages: The death resulted in losses, such as:
   • Economic: Funeral costs, lost income, medical expenses
   • Non-economic: Loss of companionship, emotional distress, PTSD.

Eligible Claimants in Wrongful Death Cases

The following individuals may file a claim:

• Surviving spouses, domestic partners, or children (including stepchildren and foster children)
• Parents (if no surviving spouse/children)
• Financial dependents or heirs entitled to inheritance.

Common Scenarios

Wrongful death claims often involve:

• Medical malpractice (such as misdiagnosis and surgical errors)
• Motor vehicle accidents (such as DUIs, pedestrian fatalities and motorcycle crashes)
• Workplace accidents due to unsafe conditions
• Defective products (such as malfunctioning machinery and defective household appliances).

Legal Process

• Statute of limitations: Generally, two years from the date of death
• Burden of proof: Plaintiffs must demonstrate the defendant’s liability “by a preponderance of the evidence.”

Survivors should promptly consult an attorney who can gather evidence (such as witness statements, photos of the accident scene and surveillance video) and navigate complex legal requirements.

Statute of Limitations for California Wrongful Death Claims

The statute of limitations for wrongful death claims in California generally requires legal action to be filed within two years from the date of the victim’s death.  However, specific exceptions and shorter deadlines apply depending on the circumstances:

General Timeliness Rule for Wrongful Death Claims

2-year deadline: Most wrongful death lawsuits must be filed within two years of the death, regardless of when the incident causing the death occurred. This applies to cases like vehicle accidents, workplace fatalities, and product liability.

Consequences of Missing Deadlines

• Case dismissed: Courts routinely dismiss claims filed after the statute of limitations expires. There are some exceptions – if the defendant has left California or there was fraud – which may pause the clock temporarily, but these require legal proof.
• Contact a lawyer: For cases involving complex timelines (delayed death after an accident), the deadline is always calculated from the date of death, not the incident date.  Surviving family members should promptly consult a personal injury attorney to preserve evidence and avoid forfeiture of compensation rights.

What Are the Exceptions to the Two-Year Filing Deadline for Wrongful Death Claims in California?

While the standard statute of limitations for wrongful death claims is two years from the date of death, several exceptions can alter this deadline:

1. Medical Malpractice

1 year from discovery of malpractice or 3 years from death (whichever occurs first). This applies if the death resulted from medical negligence, such as surgical errors or misdiagnosis. The clock starts when the family discovers (or reasonably should have discovered) the malpractice.

2. Government Liability Claims

Claims against public entities (such as fatal accidents involving police, public hospitals, or city vehicles) require filing a formal administrative claim within six months of death. Only after this can a lawsuit proceed, subject to additional deadlines.

3. Delayed Discovery Rule

If the cause of death was hidden (such as toxic exposure, defective products, or undiagnosed cancer), the two-year clock starts when the negligence is discovered. For example:

• Asbestos-related deaths: Statute begins at diagnosis of mesothelioma.
• Prescription drug overdoses: Time frame starts when a link to pharmaceutical negligence is identified.

4. Minors Filing Claims

Children under 18 have until their 20th birthday to file (two years after reaching adulthood). This applies even if the death occurred decades earlier.

5. Defendant’s Absence, Fraud

• If the defendant leaves California after the death, the time they’re absent may not count toward the two-year limit.
• Fraudulent concealment of negligence (such as destroying medical records) pauses the clock until the fraud is discovered.

Failure to adhere to the applicable statute of limitation can result in permanent loss of compensation rights. Courts strictly enforce deadlines, even if families are unaware of them. That’s why it’s important to have an experienced wrongful death lawyer looking out for your interests.

Neale & Fhima Will Represent You with Skill and Authority in Your California Wrongful Death Claim

At Neale & Fhima, we’ll negotiate with authority and integrity with insurance companies on your behalf. Our outstanding law firm has an exceptional record of recovering more than $50 million in rightful compensation for victims throughout California. We understand that this is a difficult time of grieving for you and your family. Our caring attorneys will support you with understanding and empathy throughout the legal process. We treat clients like family. For a free consultation about your case, call us at 888-407-2955. We also represent clients in many other types of personal injury claims.