Losing a loved one because of someone else’s negligence is one of the most painful experiences any family can endure. While no amount of compensation can bring your loved one back, filing a wrongful death claim can help you seek justice and financial stability.

If you’re considering this legal action, one of the most important things to understand is how long you have to file. In California, strict deadlines—known as statutes of limitations—apply, and missing them could mean losing your right to pursue compensation.

California’s Statute of Limitations for Wrongful Death

Under California Code of Civil Procedure §335.1, you typically have two years from the date of your loved one’s death to file a wrongful death lawsuit.

That means if your family member passed away due to another party’s negligence on June 1, 2024, you generally have until June 1, 2026, to take legal action.

Failing to file within this time frame almost always results in your claim being dismissed—no matter how valid your case might be. For this reason, consulting a wrongful death attorney as soon as possible is critical to protect your rights.

Exceptions That May Affect the Filing Deadline

While two years is the general rule, certain circumstances can extend or shorten the deadline. Some common exceptions include:

1. Medical Malpractice:
If the wrongful death resulted from medical negligence, you have three years from the date of injury or one year from when you discovered (or should have discovered) the injury, whichever occurs first.

2. Government Entity Involvement:
If a public agency or employee (such as a city bus driver or government hospital) is responsible, you must file a notice of claim within six months of the death before pursuing a lawsuit.

3. Discovery Rule:
In some cases, families don’t immediately know that negligence caused the death. If new evidence emerges later, the two-year period may begin when the cause is discovered.

Because each case is unique, an experienced wrongful death attorney can determine exactly which deadlines apply to your situation.

Why You Shouldn’t Wait to File

Even if two years sounds like plenty of time, it’s best to begin the process early. Evidence such as medical records, accident reports, and witness statements can become harder to gather as time passes.

By acting quickly, your attorney can:

• Investigate the incident thoroughly
• Preserve critical evidence before it’s lost or destroyed
• Identify all responsible parties
• Build a strong, timely claim for compensation

At Insider Accident Lawyers, we handle the legal process from start to finish, so you can focus on healing and supporting your family.

Compensation Available in a California Wrongful Death Claim

A successful claim can provide much-needed financial relief for surviving family members. You may be entitled to recover compensation for:

• Funeral and burial expenses
• Medical bills related to the final injury or illness
• Lost financial support and future income
• Loss of companionship, care, and guidance
• Pain, suffering, and emotional distress

Our legal team fights to ensure that families in Los Angeles receive the full compensation they deserve.

Speak with a Los Angeles Wrongful Death Attorney Today

The window to file a wrongful death claim in California is limited, and the process can be complex. If you’ve lost a loved one due to someone else’s negligence, don’t wait to take action.

At Insider Accident Lawyers, our compassionate and experienced attorneys are ready to guide you through each step of the legal process.