How Long Does Someone Have to File a Wrongful Death Claim in California?
In most cases, you have two years to file a wrongful death lawsuit in Roseville, CA. If you miss this deadline, the court will likely dismiss your case, preventing you from recovering compensation.
When Does the Deadline to File a Wrongful Death Claim Begin in California?
The two-year filing period does not always begin on the date of death. Instead, it generally starts when the surviving family members discover, or reasonably should have discovered, that another person’s wrongful act caused the death.
Many families know immediately that another party may be responsible, but that isn’t always true, particularly when the cause of death is uncovered through a later investigation or additional medical evidence. Because pinpointing the correct filing deadline can be complicated, it’s important to speak with a knowledgeable Roseville brain injury attorney as soon as possible.
Are There Exceptions to the Statute of Limitations for Wrongful Death Lawsuits?
Yes. Certain types of wrongful death cases follow different deadlines entirely.
Medical Malpractice Wrongful Death
When a wrongful death results from medical negligence, California’s medical malpractice statute applies. In most situations, the lawsuit must be filed within one year of discovering that medical negligence caused the death or within three years of the date of death, whichever occurs first. These cases also carry unique procedural requirements and damages rules that differ from other wrongful death claims.
Claims Against a Government Entity
If the party responsible for the death is a government entity or a government employee acting within the scope of employment, the deadline is much shorter. In most cases, you must file a government claim within six months of the death before you can pursue a lawsuit. Missing this administrative deadline may prevent you from bringing a wrongful death claim altogether.
Minor Beneficiaries
When a beneficiary entitled to bring a wrongful death claim is a minor, the statute of limitations is generally tolled until they turn 18. In many situations, the minor then has two years after their 18th birthday to pursue the claim. Because these rules vary with the circumstances, families should confirm the applicable deadline with an attorney.
Why You Should Speak With a Wrongful Death Lawyer Right Away
Even with a two-year statute of limitations, important evidence can disappear long before the deadline arrives. An attorney can protect your claim in several ways.
- Determine which filing deadline applies to your case, since the answer depends on who caused the death, how it happened, and who is bringing the claim
- Identify all potentially liable parties, including defendants who may not be obvious at first, such as employers, property owners, or government agencies
- Preserve evidence before it is lost, from accident scene documentation and surveillance footage to medical records and witness statements
- Ensure all required claims and court filings are completed on time, including any administrative claims that must be submitted before a lawsuit can be filed
Because the applicable deadline depends on the circumstances surrounding the death, speaking with an attorney as early as possible is one of the best ways to protect your family’s right to pursue compensation.
If you need help, call our firm today to schedule your free case evaluation.