California Wrongful Death Statute of Limitations (2024)

Losing a loved one is never easy, but it can feel even more devastating when it is untimely due to the negligence of others. In the midst of grieving from such events, you and your family will want those responsible to be held accountable. While no amount of money can bring back the one you have lost, you and your family may be entitled to compensation. However, knowing the California wrongful death statute of limitations can ensure you file your claim in time.

The team at Amendt Law wants to help empower you to fight for what you and your family may be owed.

Wrongful Death Cases

Wrongful deaths occur across the country each and every day, whether they are due to accidents beyond control or due to the negligence of others. Some of the common ways in which wrongful death can occur include:

• Motor vehicle accidents. Auto accidents are, unfortunately, one of the major contributors to wrongful death cases. While there are many safety features inside cars, high rates of speed, different automobile types, and even a variety of accident types make these accidents extremely dangerous and life-threatening.
• Medical error. Wrongful death due to medical malpractice occurs when a medical professional fails to uphold their duty to their patient. When their decisions, or their lack of a timely decision, are deemed negligent or intentional in the cause of death, they could be held liable for the death of their patient.
• Accidents in the workplace. Workplace accidents can occur for a variety of reasons. These can include defective products, improper training techniques, or even negligent health conditions.
• Intentional killing. The act of murder or manslaughter is to take a life through negligent actions. The party responsible for that death could be held financially responsible for the loss.

These are just a few of the ways in which wrongful death could happen, though there are many others. If these events have occurred, or you feel the death of a loved one was negligently caused, speak with a wrongful death attorney who can help. Ensure you speak to them in a timely manner, however.

Wrongful Death Statute of Limitations

The statute of limitations for a legal matter is the time in which the legal matter must be brought to the attention of the court. Those who have a legal right to bring a wrongful death claim against another are those who are related to the victim. This includes:

• Spouses
• Children
• Domestic partners
• Grandchildren
• Dependent children who required at least 50% of the victim’s financial support
• Anyone entitled to the estate of the deceased

Compensation that could be recovered in a wrongful death suit includes burial costs, funeral expenses, any amount a dependent would receive as income, as well as pain and suffering for the loss of a companion.

The statute of limitations for wrongful death in California depends on the circumstances of the case. However, the limitations are:

• Two years from the time of the person’s death or the discovery of their death
• For medical malpractice, one year from the time the death was discovered to be caused by medical negligence or three years from the time of the person’s death
• If the claim is against the government, the claim must be brought within six months of the death.

If you feel a loved one has died due to a wrongful death situation, seek legal help as soon as possible. The help of a knowledgeable and experienced attorney can ensure your claim is made on time and that you fight for the compensation you and your family may be entitled to.

FAQs

Q: How Long Do I Have to File a Wrongful Death Lawsuit in California?

A: The length of time you have to file a wrongful death claim in California is dependent on the circumstances of the claim. Generally speaking, there is a 2-year statute of limitations on all wrongful death claims that begins upon the death. However, if the claim is against a government entity, that timeline is reduced to six months, and if it is against a medical professional, it could be extended up to three years.

Q: What Is the New Law in California for Wrongful Death?

A: In 2023, the state of California raised the damage caps in wrongful death specifically related to medical malpractice from $250,000 to $500,000. This law allows families seeking compensation to recover that from multiple entities as well. This could be the doctors, the facilities, and even the insurance providers. The law opened the opportunity for increased compensation for non-medical compensation.

Q: What Does the One Action Rule Mean in Wrongful Death Cases in California?

A: The one action rule is to provide a layer of protection for defendants in wrongful death cases from multiple lawsuits. In cases where the heirs of a victim are seeking compensation, the one action rule states that these lawsuits should be collectively filed rather than filed individually potentially causing the defendant to be held accountable by each individual.

Q: How Do You Prove Wrongful Death in California?

A: Wrongful death is proven through four key elements of the claim. To successfully bring a claim against another entity for wrongful death, you must be able to show that there was negligence, a breach of duty, there was cause, and that damages were suffered as a result of the actions. Through documentation and evidence, you must be able to show that the defendant was irresponsible in their actions.

Los Angeles Wrongful Death Attorney

If you have suffered the loss of a loved one because of the negligence of others, you may be entitled to compensation. You will be filled with many questions, and you deserve the answers. Contact the team at Amendt Law. We may not be able to bring your loved one back, but we can help hold those who are responsible accountable. Let us help you regain the compensation you are owed while you and your family heal from the unexpected loss. Se habla español.