Losing a loved one due to someone else’s negligence is devastating. While no amount of compensation can replace your loss, California law allows surviving family members to pursue a wrongful death claim. However, strict deadlines apply, and missing them can prevent you from seeking justice. This is why understanding the wrongful death statute of limitations in California is critical. At Wilshire Law Firm, we help families navigate these complex laws with compassion and clarity. If you have questions about filing a wrongful death claim, we offer free consultations to set you on your path to healing.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when a person dies due to another party’s negligence or wrongful act. Common causes include:
- Car accidents
- Motorcycle crashes
- Pedestrian accidents
- Workplace incidents
- Medical malpractice
These claims allow eligible family members to seek compensation for financial and emotional losses, such as funeral expenses, lost income, and loss of companionship.
What Is the Statute of Limitations for Wrongful Death in California?
The statute of limitations is the legal deadline for filing a lawsuit. In California:
- General Rule: You have two years from the date of death to file a wrongful death claim.
- Medical Malpractice Cases: The deadline may differ, often three years from the date of injury or one year from discovery.
- Government Entity Claims: If the wrongful death involves a public agency, you may have only six months to file an administrative claim.
Missing these deadlines usually means losing your right to pursue compensation, regardless of the strength of your case.
Why Does the Deadline Matter?
Failing to file within the statute of limitations can result in:
- Dismissal of your case
- Loss of legal rights
- Inability to recover damages for your family’s losses
Acting promptly ensures your attorney has time to gather evidence, interview witnesses, and build a strong case.
Who Can File a Wrongful Death Claim in California?
California law limits who can bring a wrongful death lawsuit. Eligible parties typically include:
- Surviving spouse or domestic partner
- Children of the deceased
- Parents or legal guardians
- Other dependents who relied on the deceased for financial support
If you are unsure whether you qualify, an experienced attorney can review your situation and explain your options.
What Damages Can Be Recovered?
While every case is unique, wrongful death claims may include compensation for:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship and care
- Emotional distress
These damages aim to ease the financial burden and provide some measure of justice for your family.
Steps to Take If You Suspect Wrongful Death
- Gather Documentation: Collect medical records, accident reports, and any evidence related to the incident.
- Avoid Delays: Contact an attorney as soon as possible to protect your rights.
- Understand Your Options: A legal professional can explain deadlines and guide you through the process.
How Wilshire Law Firm Can Help
At Wilshire Law Firm, we provide:
- Award-Winning Legal Representation
- Proven Track Record in Wrongful Death Cases
- Compassionate, Client-Focused Service
We never make guarantees about outcomes, but we work tirelessly to protect your rights and pursue the maximum compensation you deserve.
Get Your Free Consultation Today
If you have lost a loved one and believe negligence was involved, don’t wait. Contact Wilshire Law Firm today for a free consultation. We’ll review your case, explain your options, and help you take the next step toward justice. Call us now or fill out our online form.
