The wrongful death statute of limitations in California is two years. This means a claim has to be filed within two years from the date of the victim’s death. However, there are several exceptions according to which the wrongful death statute of limitations varies. Before discussing them in detail, let’s understand what wrongful death is. 

What is Wrongful Death? 

Wrongful death is the type of death, caused by another person’s negligence, willful act, or accident. It can occur as a result of personal injuries and the victim succumbing to those injuries. A wrongful death claim is somehow similar to a personal injury claim though the only difference is who files the lawsuit. In personal injury cases, the compensation is claimed by the injured victim. 

The wrongful death claim is usually filed by close relatives or the deceased’s immediate family member. It is a monetary support by the law to provide compensation to the family or those who are financially dependent on the victim of wrongful death. 

What is the Statute of Limitations?

The statute of limitations is the time limit or duration under which you can claim a wrongful death lawsuit. Claiming after the set duration might result in the dismissal or rejection of a lawsuit by the court. 

Related post: How long after a car accident can you claim injury?

Role of Wrongful Death Attorney

As it varies from state to state, it is important to have a thorough understanding of your state’s laws or have the expertise of a wrongful death attorney. The attorney will guide you properly about the intricacies of the statute of limitations and how to get maximum compensation without complications. 

Understanding Different Types of Wrongful Death Statute of Limitations California

Immediate Death After the Accident

The Statute of limitations claim varies from case to case. For instance, if a person is hit by a motor vehicle or car in the state of California, and dies immediately. In such a case, the statute of limitations will start from the date of the person’s death. 

Death after a Certain Period from the Date of the Accident 

In another scenario, if a person is hit by a car, injured admitted to the hospital, and dies after a few months of coma, paralysis, or any other critical personal injury. The statute of limitations will start from his death day, and not from the day of the accident.  

However, in both cases, it is important to have complete information to take suitable legal actions and receive compensation. 

Death of a Minor’s Parent

The law provides ease to minor dependents. For example, if a person died as a result of an accident during work time (immediately or after a certain period), and he has a son or daughter aged below 18. In such an exceptional case, the son can file a compensation claim within 2 years from the time he becomes 18 years old. 

Wrongful Death Due to Medical Malpractice 

If the victim of a car accident does not succumb to injuries but dies due to the wrong medications or treatments. In such a case, the wrongful death statute of limitations in California will be three years from the date, the victim’s family or claimant discovers medical malpractice as the cause of the death. 

Wrongful Death Defendant is Government 

You will be surprised to know that the wrongful death statute of limitations in California is only six months from the date of the death when the party opposite to the plaintiff or victim’s family is a government entity. There are a few scenarios when a government entity may be liable for insurance pay;

• When the accident happens on a government-owned premises 
• When the defendant is a government employee
• When the accident involves a government-owned vehicle
• When the victim dies in a government owned hospital or clinic

California’s One Action Rule

The plaitiffs of wrongful death victim are adviced by the California law to make one collective lawsuit instead of multiples to make the process quick and efficient. This is called One Action Rule. 

Conclusion

The claimants must take legal guidance by expert wrongful death attorneys to avoid complications and get maximum compensation which can be in the form of funeral expenses, burial expenses, victim’s income and other refunds for his financial dependents.