Wrongful Death Statute of Limitations in California
Last verified 2026-07 · Source: Cal. Civ. Proc. Code § 335.1 ✓ verified · 3 sources
The deadline
2 years
from Date of death, under Cal. Civ. Proc. Code § 335.1.
Advertisement
Under Cal. Civ. Proc. Code § 335.1, you have 2 years from Date of death to file a wrongful death lawsuit in California. Miss it and you lose the right to sue — but several California-specific exceptions can extend (or shorten) that window, detailed below.
California Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 2 years | Cal. Civ. Proc. Code § 335.1 |
| Car Accident | 2 yrs | Cal. Code Civ. Proc. § 335.1 |
| Credit Card Debt | 4 yrs | Cal. Civ. Proc. Code § 337(a) |
| Medical Malpractice | 3 yrs | Cal. Code Civ. Proc. § 340.5 |
| Personal Injury | 2 yrs | Cal. Code Civ. Proc. § 335.1 |
| Dog Bite | 2 yrs | Cal. Civ. Code § 3342 (strict liability); SOL: Cal. Code Civ. Proc. § 335.1 |
| Slip and Fall | 2 yrs | Cal. Civ. Proc. Code § 335.1 |
| Defamation | 1 yr | Cal. Code Civ. Proc. § 340(c) |
| Breach of Contract | 4 yrs | Cal. Code Civ. Proc. § 337 |
| Medical Debt | 4 yrs | Cal. Code Civ. Proc. § 337 |
When the Clock Starts
In California, the limitations period for wrongful death claims generally begins on Date of death. California does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
Advertisement
Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Government claim must be filed within 6 months of the date of death under Cal. Gov. Code § 911.2. Claim filed with the responsible government agency. If claim is rejected or deemed rejected (no response within 45 days), claimant has 6 months from rejection to file lawsuit. Late claim application possible within 1 year of accrual under Gov. Code § 911.4.
- Damage caps: No general cap on wrongful death damages. Medical malpractice wrongful death subject to MICRA cap on noneconomic damages (increased to $500,000 for death claims effective 2023 under AB 35, with annual adjustments).
Who can file: surviving spouse, domestic partner, children, grandchildren (CCP § 377.60); if none, persons entitled under intestate succession laws; also those financially dependent on decedent. Personal representative may file on behalf of all eligible heirs. Minor tolling under CCP § 352 tolls the SOL during minority. Wrongful death and survival action (CCP § 377.30) are separate causes of action. Survival action continues the decedent's own claims. CCP § 377.60 defines eligible plaintiffs. Comparative fault applies (pure comparative negligence).
Source: Cal. Civ. Proc. Code § 335.1, official California statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for California government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How California Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| California | 2 years | Cal. Civ. Proc. Code § 335.1 |
| Oregon | 3 yrs | ORS § 30.020 |
| Nevada | 2 yrs | Nev. Rev. Stat. §§ 41.085, 11.190(4)(e) |
| Arizona | 2 yrs | Ariz. Rev. Stat. § 12-542; § 12-611; § 12-612 |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in California?
You have 2 years from Date of death, under Cal. Civ. Proc. Code § 335.1.
Can I still sue after 2 years in California?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
California generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Government claim must be filed within 6 months of the date of death under Cal. Gov. Code § 911.2. Claim filed with the responsible government agency. If claim is rejected or deemed rejected (no response within 45 days), claimant has 6 months from rejection to file lawsuit. Late claim application possible within 1 year of accrual under Gov. Code § 911.4.
Advertisement
Sources
- Official California CCP § 335.1 - Legislative Information
- Corroborating How Do California Wrongful Death Lawsuits Work? - Nolo
- Corroborating 2025 California Code CCP § 335.1 - Justia
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed California attorney.