In California, wrongful death lawsuits must be filed within a specific time frame. Typically, the statute of limitations for wrongful death claims is two years from the date of the deceased’s passing. However, certain exceptions can extend or shorten this deadline, especially in cases involving minors, government entities, or medical malpractice. Knowing the applicable statute of limitations can ensure that eligible family members don’t miss the opportunity to seek justice and financial compensation.
California Statute of Limitations for Wrongful Death Claims
Under California law, families have two years from the date of the decedent’s passing to file a wrongful death claim. Missing this deadline can prevent surviving family members from recovering any compensation, regardless of the circumstances of the case.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit enables the surviving family members to seek compensation from the party responsible for their loved one’s death. This type of lawsuit can help cover economic and non-economic damages, providing essential financial support and offering a sense of justice and closure for the family.
Types of Wrongful Death Damages in California
Eligible family members can pursue two primary types of compensation in wrongful death cases:
- Economic Damages: Funeral and burial expenses, lost financial support, and household services the decedent would have provided.
- Non-Economic Damages: Compensation for emotional pain and suffering, loss of companionship, affection, support, and moral guidance.
Who Can File a Wrongful Death Lawsuit in California?
In California, the decedent’s spouse, children, and parents are eligible to file a wrongful death lawsuit. If none of these immediate family members are available, other surviving family members or non-family heirs may be able to pursue a wrongful death claim.
Exceptions to the Statute of Limitations for Wrongful Death
While the standard filing period is two years, specific situations may extend or shorten the statute of limitations:
- Discovery Rule: If the cause of death is only discovered after the passing, the statute of limitations begins from the date the cause was identified.
- Lawsuits Involving Minors: Minors have until two years after reaching the age of 18 to file a wrongful death claim for the loss of a parent.
- Wrongful Death Claims Against Government Entities: A six-month deadline applies when filing claims against government entities. If the claim is denied, there is an additional six-month window to file a lawsuit.
- Medical Malpractice in Wrongful Death: In cases involving medical malpractice, families have three years from the date of the injury or one year from the date the injury was discovered to file a wrongful death lawsuit.
Why You Should Hire a Wrongful Death Lawyer
Navigating a wrongful death claim can be complex, especially when dealing with unique filing deadlines and requirements. A wrongful death lawyer can help you with every aspect of the case, from investigating the circumstances of the incident and gathering critical evidence to negotiating with insurance companies and, if necessary, filing a lawsuit.
Hiring a compassionate and experienced attorney ensures you’ll have guidance and support during this challenging time, increasing your chances of securing the compensation you and your family deserve.
Contact LA Law Group Today
If you’ve lost a loved one due to someone else’s negligence, contact the wrongful death attorneys at LA Law Group for a free, no-obligation consultation. Our team is dedicated to providing the personal attention, respect, and legal representation you deserve. We’re here to help you seek justice and financial recovery during this difficult time.
