What Is the Statute of Limitations for Wrongful Death in California?
In California, the statute of limitations for wrongful death is generally 2 years under Cal. Code Civ. Proc. § 335.1.
Wrongful death Deadlines in California
How long do you have to file a wrongful death claim in California?
In California, the statute of limitations for wrongful death is generally 2 years under Cal. Code Civ. Proc. § 335.1.
When does the clock start for wrongful death in California?
Two years. Section 335.1 covers an action for the death of an individual caused by the wrongful act or neglect of another, generally measured from the date of death.
Can the California deadline for wrongful death be extended?
A survival action for the decedent's own pre-death injuries can run on a separate clock. Government defendants trigger the Gov. Code § 911.2 claim requirement.
Is the deadline different if the claim is against the government in California?
Often, yes. Written claim generally presented within 6 months under Cal. Gov. Code § 911.2. Section 911.2(a) requires a claim for death, injury to person or personal property, or growing crops to be presented within six months of accrual; any other cause of action within one year. Suit generally cannot be filed until the claim is rejected or deemed r…
How does California compare to other states for wrongful death?
California's 2 years is in the middle of the range nationally. Across the 50 jurisdictions with a verified figure, the deadline for wrongful death ranges from 1 year to 3 years, and 2 years is the most common. Compare all states →
What Does Wrongful Death Cover?
Situations that typically fall under the wrongful death deadline in California:
