Losing a loved one suddenly in Los Angeles or anywhere in California turns life upside down. In the middle of grief, hospital bills, and funeral planning, the idea of “deadlines” can feel cold and unfair.
But the hard truth is that the statute of limitations for wrongful death in California is one of the most important facts your family needs to understand early on. Timing can make or break a case, even when the evidence is strong and fault seems clear.
In most situations, California gives families two years from the date of death to file a wrongful death lawsuit. Some cases have much shorter deadlines, especially when a government agency is involved, and others may have slightly different timelines when the true cause of death is discovered later.
If those deadlines pass, the court will usually never hear the case. The right to seek compensation can disappear, no matter how unfair that feels.
Our Encino-based team at California Personal Injury Attorneys (CPIA) works with families across Los Angeles to track these deadlines, gather key evidence, and file on time, so you can focus on grieving and healing while we handle the legal side.
What is a wrongful death case in California and why does timing matter?
A wrongful death case is a civil claim brought by family members after someone dies because of another person or company’s careless or wrongful conduct. In Los Angeles, that often means fatal car crashes on busy streets, truck collisions on the 101, motorcycle wrecks, falls on unsafe property, medical mistakes, or even violent crime.
You are not asking the court to send anyone to jail. Instead, you are asking for money damages that reflect both the financial and emotional impact of the loss.
Our wrongful death attorneys in Encino, CA help families through that process and watch the clock from day one. A powerful case filed one day late usually fails.
Basic definition of wrongful death under California law
Under California law, a wrongful death occurs when a person dies because someone else was:
- Negligent or careless, such as a distracted driver running a red light
- Reckless, such as a drunk driver or speeding truck
- Intentionally harmful, such as an assault or other violent act
Wrongful death claims can come from:
- Car, truck, motorcycle, bicycle, and pedestrian crashes
- Unsafe property conditions in apartments, stores, or parking lots
- Defective products, including auto parts or consumer goods
- Medical errors and other forms of healthcare negligence
In simple terms, if your loved one would have had a personal injury claim if they had survived, there is a good chance your family has a potential wrongful death case after their passing.
Civil wrongful death case vs criminal case after a death
After a fatal incident, there may be two very different legal cases.
A criminal case is brought by the state. It focuses on punishment, like jail or prison, and requires proof “beyond a reasonable doubt.”
A civil wrongful death lawsuit is brought by the family. It focuses on money damages for things like lost income, funeral costs, and loss of companionship. The burden of proof is much lower. You only have to show it is more likely than not that the defendant’s conduct caused the death.
These cases are separate. A family can file a wrongful death lawsuit even if:
- No criminal charges are filed
- Charges are reduced
- The defendant is found not guilty
Each has its own timeline. The statute of limitations for the civil case keeps running while any criminal case is pending, which is why talking with a wrongful death attorney early is so important.
How long do we have to file a wrongful death claim in California?
For most families, the key rule is simple: two years from the date of death. That is the standard California statute of limitations for wrongful death.
But there are important twists. Claims involving government agencies often start with a six-month claim deadline, and some cases involve the “discovery rule,” which may adjust when the clock begins.
For a broader look at related deadlines, you can read our guide on understanding the statute of limitations in California injury cases.
The standard two year California statute of limitations for wrongful death
In a typical California case, your family has two years from the date your loved one passes away, not from the date of the crash or injury if those are different.
For example:
- Your father is badly hurt in a car crash on January 1, 2023.
- He passes away from his injuries on March 1, 2023.
- The two-year deadline runs from March 1, 2023, not January 1.
If the lawsuit is filed even a single day after that two-year mark, the court will almost always dismiss the case. Judges do not bend this deadline just because the facts are strong or the loss is severe.
Shorter deadlines when a government entity may be at fault
If a government entity might share blame, the timeline is much tighter.
This can include:
- A dangerous public road or broken traffic signal
- A city bus, county vehicle, or state agency truck
- A public hospital or county clinic
In many of these situations, your family must file a formal government claim within about six months of the incident before a lawsuit can be filed. Miss that early claim deadline and the right to sue that public entity is usually gone.
Because it is not always obvious when a government agency is involved, we treat any hint of public involvement as a red flag and review it quickly.
How the discovery rule can extend the filing deadline
Sometimes the cause of death is not clear right away. The discovery rule can help in cases where the family could not have reasonably known the true cause at the time of death.
Common examples include:
- A hidden medical error that comes to light only after a later review
- Long-term toxic exposure, where the link to a workplace or product is learned years later
In these situations, the two-year clock may start when the family discovers, or reasonably should have discovered, that wrongful conduct caused the death.
Courts look closely at what the family knew, what records were available, and whether they acted with reasonable care to learn the truth. It is not an automatic extension, which is why an experienced lawyer should review the timeline as soon as questions arise.
For a step-by-step look at filing, our article on the Los Angeles wrongful death claim process can be a helpful companion.
Who can file a wrongful death lawsuit in California and how deadlines affect them
California law sets out who has the right to bring a wrongful death case. The most common group includes a spouse, registered domestic partner, and children, but others may have rights too.
The important thing to remember is that the statute of limitations clock does not stop just because the family is sorting out who will file. Disagreement or confusion inside the family does not pause the deadline.
Priority of spouses, domestic partners, and children
In most cases, the first group allowed to file includes:
- The surviving spouse
- A registered domestic partner
- Biological or adopted children
If a child passes away, parents may have the right to bring a claim, depending on the family situation and whether there is a surviving spouse or children.
These family members can usually file together in one lawsuit, even if they do not all agree on everything. Waiting months or years for everyone to come to terms can be risky when the statute of limitations is running in the background.
Other eligible family members and dependents
If there is no spouse, domestic partner, or child, California usually looks to those who would inherit under intestate laws, such as:
- Parents
- Siblings
- Sometimes more distant relatives
Certain dependents can also have standing, including:
- Stepchildren who relied on the deceased for financial support
- A “putative spouse” who reasonably believed they were married
- The children of a putative spouse in some cases
These situations can become complex, especially in blended families or where support was informal. Even so, the same two-year limit usually applies, so we want to review the family tree and financial ties early.
Our team often pairs this review with an assessment of fault and damages, using tools like our guide on how to prove negligence in a personal injury case.
What happens if we miss the wrongful death statute of limitations in California?
Missing the statute of limitations has very real consequences. In most cases, once the deadline passes, the right to bring a wrongful death lawsuit is gone forever.
Insurance companies know this. They watch the calendar too, and they are quick to point to an expired deadline as a reason to deny payment.
Loss of the right to seek compensation and justice
If a case is filed late, the defense will usually ask the court to dismiss it based on the statute of limitations. Judges grant that request in most situations.
When that happens, your family loses the chance to recover:
- Funeral and burial costs
- Medical bills that piled up before your loved one passed
- The income and benefits they would have provided in the future
- The value of their care, guidance, and household support
- Non-economic damages for loss of love, comfort, and companionship
Nothing about the facts changes. The loss is still tragic. But the court will not order the defendant or their insurer to pay.
Common timing mistakes families in Los Angeles make
In Los Angeles cases, we often see the same timing errors repeat:
- Confusing the dates and thinking the clock starts when the investigation ends, not the date of death
- Trusting an adjuster’s reassurances, such as “you have plenty of time,” without checking with a lawyer
- Waiting for the criminal case to finish, only to learn the civil deadline has already passed
- Hiring a lawyer at the last minute, which leaves little time to investigate or draft a strong complaint
- Relying on ongoing talks with the insurer, assuming those talks “pause” the statute of limitations
Building a solid wrongful death case takes time. We often need to collect medical records, expert opinions, financial documentation, and witness statements before we file. Starting early gives us room to do it right.
For more on avoidable errors, many of which also apply to death cases, see our article on common mistakes after a Los Angeles personal injury.
How an experienced California wrongful death lawyer protects your deadlines and your case
A seasoned wrongful death lawyer does much more than fill out forms. Our role is to:
- Confirm the correct statute of limitations and any special rules
- Identify all possible defendants and insurance policies
- Preserve key evidence before it disappears
- Handle all talks with insurers and government agencies
At CPIA, our concierge-style approach means you have direct access to an attorney, regular updates, and support with daily burdens, from insurance forms to claim paperwork. We want you to focus on family, not on chasing adjusters.
Our firm has a deep focus on Los Angeles wrongful death cases, including many of the common causes of wrongful death accidents in Los Angeles, such as vehicle crashes and medical errors.
Immediate steps we take to preserve your wrongful death claim
When a family reaches out to us, we move quickly. Early steps often include:
- Reviewing the death certificate and medical records to confirm the date and cause of death
- Checking for government involvement, such as public roads, public hospitals, or city vehicles
- Identifying every potential defendant, from drivers and employers to property owners and product makers
- Calculating all possible deadlines, including any six-month government claim windows
At the same time, we start building the case by:
- Gathering police reports, photos, and witness contact information
- Advising the family on what to keep, such as bills, pay stubs, and messages from insurers
- Reaching out to experts when needed, such as accident reconstruction or medical specialists
These early moves protect both your deadlines and the strength of your claim.
Why early legal help leads to stronger results for your family
The more time we have before the statute of limitations runs, the more we can do for your family.
Extra months allow us to:
- Look deeply into fault and identify all responsible parties
- Quantify the full value of lost income, benefits, and household services
- Collect detailed evidence that raises settlement value
- Push insurers to pay full and fair compensation instead of low offers
Most wrongful death lawyers, including our team at CPIA, work on a contingency fee. That means you do not pay any upfront legal fees. We only receive a fee if we recover money for your family.
Early calls are free and confidential. You do not have to be “sure” you have a case before you reach out.
Frequently asked questions about California wrongful death deadlines
How soon after a death should we talk to a wrongful death lawyer?
As soon as you feel ready. You do not need every record or answer in hand. A quick call in the first few weeks or months helps us protect evidence, spot any six-month government deadlines, and give you a clear sense of your timeline.
What if the insurance company is still talking to us and the two-year mark is close?
Conversations with an adjuster do not stop the statute of limitations clock. If the deadline passes and no lawsuit is on file, the insurer can shut down talks and point to the expired statute. If you are within a few months of the two-year date, you should speak with a lawyer right away.
How long do wrongful death cases in California usually take?
Every case is different, but many resolve between one and three years after filing. Factors include how clear fault is, how serious the economic losses are, the number of defendants, and how reasonable the insurance companies are. Early, careful preparation often shortens the process and improves results.
What can our family do to help our wrongful death case?
You can help by keeping a simple file with medical bills, funeral costs, tax returns, pay stubs, and any messages from insurers. Writing down memories of your loved one’s role in the family, income, and daily support is also helpful. We will guide you on what matters most so you do not feel overwhelmed.
Conclusion
The statute of limitations for wrongful death in California is usually two years from the date of death, but some cases have shorter or more complex timelines. Missing these deadlines almost always ends the right to seek justice in court, no matter how strong the facts or how deep the loss.
You do not have to figure out these rules alone. Our Encino-based team at California Personal Injury Attorneys helps families across Los Angeles understand their deadlines, protect their rights, and pursue full compensation with care and respect.
If you have lost a loved one and suspect negligence played a role, contact us for a free, confidential consultation. We will review your timeline, answer your questions, and take on the legal burden so your family can focus on healing.