Losing a loved one can turn your world upside down. The emotional toll of grief often comes with financial hardships. When negligence or wrongdoing caused the death, filing a wrongful death claim may offer a small consolation to you and your family.
However, time is of the essence in these cases, as California sets strict deadlines for taking legal action against wrongful death.
Two years to file your claims
In California, the standard statute of limitations to file a lawsuit for wrongful death cases is two years from the date of death. This timeframe applies to most situations, including:
- Car accidents
- Workplace incidents
- Product liability cases
If you don’t file within this period, the court will dismiss your case, regardless of its merit.
Three exceptions to the rule
While the two-year limit stands for most cases, California law recognizes three key exceptions:
- Medical malpractice cases: If a wrongful death results from a medical error or negligence, families must file within three years from the date of death or one year from discovering the mistake, whichever comes first.
- Claims against the government: If a government agency or employee’s actions led to death, the timeline shrinks dramatically. You must file a claim with the government entity within six months of the death. You also get six months to file a lawsuit if the government denies your claim.
- Minors filing for a parent’s death: California law allows minors who lose a parent up to two years after their 18th birthday to file a claim, regardless of how much time has passed since their parent died.
The longer statute of limitation for minors protects children who’ve lost a parent. The child doesn’t need to worry about legal deadlines during their teenage years. Instead, they can focus on healing and adjusting.
Legal guidance is key to seeking justice
Prompt action and proper legal guidance can make all the difference in filing a wrongful death claim. This is especially true for cases involving government entities or when filing as a young adult for a parent’s death. An experienced attorney can guide you through the process and help you seek the justice, compensation and closure you and your family deserve.