In California, surviving family members have the right to file a wrongful death lawsuit against the person or party whose negligent actions caused their loved one’s death. These claims can help families recover damages, regain financial stability, and begin to move forward. However, the right to file a claim does not last forever.
The statute of limitations for wrongful death claims, outlined in the California Code of Civil Procedure 335.1, is typically two years from the time of death, but there are several important exceptions to this time limit that may extend or reduce your family’s right to file.
A California wrongful death attorney can determine which deadline applies, help you file within the applicable statute of limitations, and protect your family’s right to compensation.
How Does a Wrongful Death Claim Work?
Wrongful death claims are civil claims brought against a person or entity whose negligence or misconduct caused a preventable death. Negligence that commonly leads to wrongful death includes:
- Medical malpractice
- Reckless or intoxicated driving that leads to a car accident
- Preventable workplace or construction accidents
- Companies knowingly selling defective products
Typically filed by the surviving spouse or dependents of the deceased, wrongful death claims aim to recover damages suffered as a result of the death, including financial losses, funeral costs, and the impact of losing a loved one.
California law recognizes that the time following a sudden loss can be overwhelming for grieving families. The two-year statute of limitations gives families a limited period to investigate their loved one’s death and prepare a claim, while also protecting defendants from facing a lawsuit indefinitely.
For this reason, missing the filing deadline can result in the termination of a family’s right to pursue compensation, making it critical to understand which deadline applies to you.
The main exceptions to the two-year deadline include:
- Delayed discovery: When family or loved ones do not learn of the death right away, this exception may allow for the two-year time frame to begin at the time of discovery or when the death reasonably should have been discovered. The specific facts of the case determine whether this rule applies.
- Medical malpractice claims: Wrongful death claims involving medical negligence are subject to a different timeline, according to California CCP 340.5. Generally, families have three years from the date of death, or one year from the discovery of negligence, to file their claim.
- Claims against government entities: According to the California Tort Claims Act, wrongful death claims against government entities are subject to strict limitations and shorter deadlines. First, families must file an administrative claim with the appropriate government entity within six months of the death. After this, families have another six months to file a lawsuit with the court. It’s especially important to act quickly in these claims so an attorney has time to prepare both claims and file within the applicable deadlines.
- Claims involving minors: California law may pause or “toll” the statute of limitations when the person bringing the claim is a minor. Generally, the two-year deadline may be tolled until the minor turns eighteen, giving them until their twentieth birthday to file.
Missing the deadline revokes your right to pursue damages, no matter how clear the evidence of negligence may be. For families recovering from the loss of a loved one, losing the opportunity to seek compensation can create additional financial hardship and uncertainty.
What Damages Can Be Recovered in a Wrongful Death Claim?
Surviving family members may experience significant financial hardship as a result of wrongful death, in addition to the profound personal loss of losing someone they love. Depending on the circumstances, families can pursue damages including:
- Loss of financial support
- Loss of household support and childcare
- Loss of expected gifts from the deceased
- Funeral and burial expenses
In California, families can also pursue non-economic damages for the personal and emotional losses associated with wrongful death. These may include:
- Loss of love and companionship
- Loss of parental support and guidance
- Loss of comfort, care, and moral support
While no amount of compensation can undo the loss of a loved one, recovering damages can help provide financial stability as a family adjusts to life without them. That is why understanding the time frame applicable to your case is vital.
Filing a claim for wrongful death is never simple. These cases require significant evidence and preparation to establish that another person’s negligence directly caused your loved one’s death and to document the resulting losses. Acting quickly can protect your right to file, help preserve critical evidence and witness testimony, and give your wrongful death attorney time to build a compelling case on your family’s behalf.
San Francisco Wrongful Death Attorneys
If you have lost a loved one due to the negligence of another, consulting an experienced wrongful death attorney can help you understand your legal rights and the deadline that applies to your claim.
At Bostwick & Associates, we understand the immense difficulty of navigating the legal process while grieving. We have supported thousands of families through difficult personal injury, medical malpractice, and wrongful death claims and have achieved numerous record-setting verdicts and settlements on their behalf.
Our attorneys carefully consider any damages you may be entitled to, consult expert witnesses who can evaluate the support you need, and perform extensive investigations to strengthen every aspect of your claim.
To learn more about the wrongful death statute of limitations and determine whether exceptions apply to you, contact Bostwick & Associates today. We offer free consultations to help you understand your legal options, how long you have to file, and how you and your family can move forward.