Wrongful Death Lawsuits in California

How Long Do I Have to File a California Wrongful Death Lawsuit?

Like all states, California has laws called "statutes of limitations" that set deadlines for filing different kinds of lawsuits. The exact filing deadline for a wrongful death lawsuit will depend on the details of the case. So it's crucial to know the deadline that applies to your situation, and to consult an attorney if you have questions or concerns.

The standard deadline. In most cases, California's deadline for filing a wrongful death case is two years from the date of the decedent's death. (Cal. Civ. Proc. Code § 335.1 (2025).)

The medical malpractice deadline. In most medical malpractice cases, a lawsuit must be filed either:

• within three years of the date of the injury, or
• within one year of when the plaintiff discovered (or should have discovered) the injury.

Whichever deadline comes earlier is the one that applies. Sometimes plaintiffs can get additional time in medical malpractice cases. For example, more time is granted if the defendant intentionally concealed the harm they caused the deceased, or left a foreign object in the deceased's body during surgery. Different rules also apply to cases involving young children. (Cal. Civ. Proc. Code § 340.5 (2025)).

The deadline for lawsuits against the government. Like all states, California has special rules for lawsuits against the government. Before filing a wrongful death lawsuit, survivors must first meet a six-month deadline for filing a claim with the government agency responsible for the death. (Cal. Civ. Proc. Code § 911.12 (2025).)

Other rules and deadlines. The rules that determine the filing deadline for a wrongful death lawsuit can be complicated, and this section does not provide an exhaustive explanation of how the law works in every situation. If you're concerned about the timing of a potential wrongful death case, your best bet is to consult a California attorney with experience handling these kinds of claims.

Wrongful Death Lawsuits Versus Survival Actions

If someone is killed in an accident, or by another person's intentional act, survivors may be able to pursue a so-called "survival action" in addition to a wrongful death lawsuit. Unlike a wrongful death lawsuit, though, a survival action compensates the deceased person's estate for harm the person suffered while they were still alive. This makes it different from a wrongful death claim in several key ways.

What Damages are Available in a Survival Action?

In a survival action, the damages must be compensation for harm the deceased suffered while they were still alive. So, if someone is hurt in an accident, and later dies from those injuries, damages in a survival action could include things like the victim's medical expenses and lost wages. Traditionally, California has not allowed damages for pain and suffering, or for disfigurement, in survival actions. However, those damages are allowed in lawsuits filed from January 1, 2022, through December 31, 2025. In 2026 the state will revert to its old rule, unless the legislature updates the law. (Cal. Civ. Proc. Code § 377.34 (2025).)

Who Receives Compensation in a Survival Action?

Damages in a wrongful death lawsuit are based on how people have been harmed by the victim's death. Things work differently in a survival action. In a survival action, a deceased person's estate is allowed to collect damages that the person would have been entitled to if they'd survived. Therefore, any damages are paid to the estate. Those damages are then distributed according to the instructions in the deceased person's will (or, if they had no will, California's rules for intestate succession). In addition, since the damages are part of the estate, it's possible some portion of them could be used to satisfy the estate's outstanding debts.

What's the Statute of Limitations in a Survival Action?

Usually, the deadline for filing a survival action is the same deadline that would have applied if the deceased had not passed away. California's statute of limitations for personal injury cases is two years from the date of the incident. So, in general, the estate must file a lawsuit within two years from the date the deceased person was harmed. This deadline can be extended in rare cases (for example, in certain cases where the person was not immediately aware that they'd been harmed). But, in general, a person (or their estate) loses their right to bring a personal injury case if they miss this deadline.

However, California law recognizes that the time immediately following a person's death can be difficult and hectic for the people settling the estate. Therefore, if the usual statute of limitations deadline is within six months of the person's death, the estate gets a full six months from the date of death to file a survival action. This rule is designed to avoid situations where a valid claim is lost because the personal representative or heirs didn't have time to assess the facts, consider their options, and file suit. (Cal. Civ. Proc. Code § 366.1 (2025).)

Other Options for Seeking Compensation

Get Help With Your California Wrongful Death Lawsuit

There are some kinds of legal claims you might be able to handle on your own. If you have a simple car accident case, for example--with undisputed facts, clear legal responsibility, and minor injuries--you might be able to get a fair settlement going it alone. But a wrongful death claim isn't one you want to try to settle without expert legal help.

Even if the facts aren't in doubt, and even if legal responsibility for the decedent's death is clear, coming up with an accurate value for the case—computing and proving all past and future damages—is no small task. You need a lawyer who's experienced with California's wrongful death law and wrongful death damages to guide you through the process.

Here's how to find an experienced lawyer who's right for you and your wrongful death case.