What is the Statute of Limitations for a Wrongful Death Claim in California?

October 30, 2024

What is the Statute of Limitations for a Wrongful Death Claim in California?

Losing a loved one due to someone else’s negligence is a devastating experience, and filing a wrongful death claim may be a way for the family to seek justice and financial relief. However, in California, families must act within a specific timeframe known as the statute of limitations to pursue this type of claim. At All Day Law, APC, we assist California families in understanding their rights and ensuring that they meet all legal deadlines in wrongful death cases.


California’s Statute of Limitations for Wrongful Death Claims


In California, the statute of limitations for filing a wrongful death claim is two years from the date of the person’s death. This means that eligible family members have two years to initiate legal action; otherwise, they risk forfeiting their right to seek compensation.


Exceptions to the Statute of Limitations


There are some exceptions to the standard two-year deadline:

  • Government Entities: If a government agency or employee is involved, the timeframe is shortened to six months from the date of death, with additional notice requirements.
  • Delayed Discovery: In rare cases where the cause of death was not immediately apparent, the statute may be extended under the "discovery rule," which allows the timeframe to start when the cause of death is reasonably discovered.


Why Timely Action Matters


Pursuing a wrongful death claim requires time to gather evidence, locate witnesses, and build a strong case. Acting promptly not only preserves your legal rights but also strengthens your position in seeking fair compensation for losses.

At All Day Law, APC, we provide compassionate support and legal expertise to California families dealing with wrongful death claims. If you have lost a loved one due to someone else’s negligence, contact us today to discuss your options and ensure you meet all deadlines in seeking justice.

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