Disclaimer: This article is for informational purposes only and is not to be construed as legal advice. No attorney-client relationship exists based on the review of this article, and none of the information in this article is legal advice.

In California, the statute of limitations for most wrongful death claims is a strict two years from the date of the person’s death. This is an unforgiving deadline. It means grieving families have a very limited window to seek justice and compensation for their profound loss.

The Two-Year Countdown on California Wrongful death Claims

When a family is reeling from the sudden loss of a loved one, legal timelines are often the last thing on their minds. Unfortunately, the California wrongful death statute of limitations starts a legal stopwatch the moment a person passes away due to someone else’s negligence or wrongful act. This isn’t a suggestion; it’s a firm legal boundary.

This two-year period is laid out in California Code of Civil Procedure § 335.1. The idea behind the law is to ensure claims are brought forward while evidence is still fresh and witness memories are reliable. For families, this means the clock is always running, regardless of their emotional state.

How Is Wrongful Death Defined Under California Law?

So, what exactly counts as wrongful death in California? Under the law, a wrongful death claim arises when someone dies as a direct result of another person’s or entity’s negligence, recklessness, or intentional misconduct. Think of it as the legal system’s way of stepping in when a preventable death occurs because someone failed to act responsibly—whether behind the wheel, in a hospital, or just about anywhere else.

Common situations leading to wrongful death claims include:

  • Car or motorcycle crashes caused by a distracted or impaired driver
  • Accidents involving commercial trucks or public transportation like AC Transit
  • Fatalities from unsafe premises, such as slip-and-falls or building code violations
  • Cases of medical malpractice, including surgical errors or failure to diagnose
  • Product defects—think airbags that fail to deploy or dangerous pharmaceuticals

The thread tying these examples together? The death must have been avoidable if not for another party’s wrongful act. While no lawsuit can undo the loss, California law allows certain family members to seek financial justice from those responsible.

To give you a clearer picture, here’s a quick breakdown of the core timeline.

Key Timelines for California Wrongful Death Claims

Key Element California Rule What This Means for You
Standard Deadline Two years You have exactly two years to file a lawsuit in civil court.
When the Clock Starts The date of the person’s death The countdown begins immediately on the day your loved one passed away.

Understanding this basic framework is the first step, but it’s crucial to know who can file and what a lawsuit aims to achieve.

What Must Be Proven in a California Wrongful Death Case

Succeeding in a wrongful death claim in California comes down to four core elements—think of them as the pillars holding up your case. You don’t need to be Perry Mason, but you (and your attorney) will need to demonstrate each one clearly:

  • Duty of Care: First, you must show that the wrongdoer (the defendant) had a legal responsibility to act with reasonable care toward the deceased. For example, drivers owe a duty to follow traffic laws and drive safely around others.
  • Breach of Duty: Next, you’ll need to prove that the defendant failed to uphold that duty—whether by negligence, recklessness, or intentional actions. This could be as clear-cut as running a red light or as complex as medical malpractice.
  • Causation: It’s not enough that someone acted carelessly; their breach must have directly led to your loved one’s death. The link between their actions (or inactions) and the loss must be clear.
  • Damages: Finally, actual losses must be shown—such as financial support, companionship, or funeral expenses. California courts look for measurable impacts on those left behind.

Each of these elements is crucial; missing just one can mean your case falls apart like a badly built IKEA bookshelf.

Who Is Eligible to File a Claim

In California, not just anyone can file a wrongful death lawsuit. The law specifies a clear hierarchy of individuals who have the legal standing, ensuring the case is pursued by those most directly impacted by the loss.

The primary group eligible to file includes:

  • The surviving spouse or domestic partner
  • Surviving children
  • Surviving grandchildren (but only if their parent, who was the deceased’s child, is also deceased)

If no one from this group exists, the right to file might pass to others who would be entitled to the deceased’s property through intestate succession. This can include the deceased’s parents or siblings. Figuring out your eligibility is a critical first step.

But the law casts the net a bit wider in some cases. In addition to the immediate family, California also allows certain other individuals to bring a wrongful death claim if they can show they were financially dependent on the deceased. This group can include:

  • Putative spouses (someone who had a good faith belief they were married to the deceased)
  • Stepchildren
  • Parents (even if not listed in the will, if they were financially dependent)
  • Legal guardians or other minor children who relied on the deceased for support

And if there are truly no surviving spouse, children, or parents, the court may allow non-family heirs or the decedent’s personal representative to file on behalf of the estate.

In short: If you’re unsure whether you’re eligible, don’t assume you’re out of luck. California’s wrongful death statute is designed to make sure those most affected by a tragic loss have a path to seek justice and compensation.

The Purpose of a Wrongful Death Lawsuit

A wrongful death claim serves a very specific purpose: to compensate the surviving family members for the losses they have personally suffered because of their loved one’s death. This is different from a “survival action,” which seeks damages the deceased themselves could have claimed if they had lived.

A wrongful death lawsuit is not about punishing the wrongdoer in a criminal sense; it is a civil action designed to provide financial stability and acknowledgment of the immense harm done to the family left behind.

The damages awarded are meant to cover both economic and non-economic losses. This financial recovery can be vital for a family’s future, helping to replace lost income and support while acknowledging the profound emotional toll. You can learn more about the general rules for California personal injury timelines in our guide on the statute of limitations in California.

Types of Damages You Can Recover

The compensation available in a California wrongful death case is meant to address the full scope of the family’s loss. These damages can be broken down into several key categories:

  • Financial Support: The value of the financial support the deceased would have contributed to the family for the rest of their life.
  • Household Services: The monetary value of the services the deceased provided, like childcare, home maintenance, or managing family finances.
  • Loss of Companionship: Compensation for the loss of the deceased’s love, companionship, comfort, care, assistance, protection, affection, and moral support.
  • Funeral and Burial Expenses: The reasonable costs associated with the funeral and burial services.

Beyond these, California law recognizes two main types of damages in wrongful death claims:

Economic Damages

These are the measurable, out-of-pocket losses resulting from your loved one’s death. They can include:

  • Lost Income & Benefits: Wages and benefits the deceased would have earned if they had lived.
  • Medical Expenses: Any medical costs incurred as a result of the fatal incident, if applicable.
  • Funeral and Burial Costs: All reasonable expenses tied to laying your loved one to rest.

Non-Economic Damages

These are losses that are less tangible, but equally real:

  • Loss of Love and Guidance: The emotional loss of companionship, mentorship, affection, and guidance that the deceased provided.
  • Loss of Consortium: For spouses or partners, this covers the loss of intimacy and partnership.

It is absolutely critical to document these losses carefully. Failing to file your claim within that two-year deadline means losing the right to recover any of these damages—permanently. This unforgiving reality underscores just how important it is to act promptly to protect your family’s rights.

What Happens If the Deceased Was Partly at Fault?

It’s not uncommon for questions to arise about what happens if your loved one may have shared some responsibility for the accident that led to their death. California follows a “pure comparative fault” rule—which means that even if the deceased was partly (or even mostly) at fault, you can still file a wrongful death lawsuit.

Here’s how it works in practice:

  • You can still seek compensation: The law doesn’t bar your family from pursuing a claim, even if the deceased was found to be up to 99% responsible for the incident.
  • Damages are reduced by fault: The compensation you might receive will be reduced by the exact percentage of fault assigned to your loved one. For example, if your total damages are $100,000 and the deceased was 60% at fault, your family could still recover $40,000.

This system aims to ensure fairness—recognizing the losses you’ve suffered, even when circumstances are complicated. It’s vital to gather clear evidence and seek legal

What Should You Do If Your Loved One Was Partially Responsible for Their Own Death?

If you’re facing the difficult reality that your loved one may have played a role in the accident that caused their passing, don’t panic—California law still provides a path forward.

First, don’t assume you’re barred from seeking justice. Even if your loved one bore some (or most) of the responsibility, you can and should consider filing a wrongful death claim. Under the state’s “pure comparative fault” principle, your family is not shut out of recovery because of shared fault.

However, keep this in mind: any compensation awarded will be directly adjusted to reflect your loved one’s share of responsibility. For example, if it’s determined your loved one was 70% at fault and the total damages amount to $80,000, your family could recover 30% of that total, or $24,000. This system is designed to be fair, balancing the complexities of real-world accidents.

If you’re in this situation, here’s what you can do next:

  • Gather all available evidence related to the incident.
  • Consult with an attorney experienced in comparative fault cases.
  • Avoid making assumptions about your family’s eligibility or potential recovery until you have all the facts.

Taking these steps promptly can make all the difference in ensuring your family’s financial future is protected, even when the circumstances are complicated.

guidance to maximize your family’s recovery while navigating these nuanced situations.

When the Two-Year Clock Can Be Paused

Disclaimer: The following information is for educational purposes only. It is not legal advice and should not be taken as such. No attorney-client relationship is formed by reading this article.

While California’s two-year deadline for wrongful death claims is firm, it’s not completely rigid. The law gets that sometimes, starting the clock on the day someone passes away would be fundamentally unfair or even impossible. In these specific situations, the legal stopwatch can be put on hold—a concept lawyers call tolling the statute of limitations.

Think of tolling as a grace period built into the legal system. It pushes the start date of that two-year countdown to a later, more reasonable time. This gives families a fair shot at justice, especially when they were kept in the dark about the real cause of death or were otherwise blocked from filing a claim. But make no mistake, these exceptions are specific and you need solid proof to make them stick.

The Discovery Rule Exception

One of the most critical exceptions is the discovery rule. It’s designed for those heartbreaking situations where the wrongful nature of a death isn’t clear from the start. If a family, acting with reasonable care, couldn’t have possibly known that negligence or a wrongful act was the cause, the statute of limitations doesn’t start ticking until they discover it—or reasonably should have discovered it.

Here’s a real-world example: A patient dies after a routine surgery, and everyone is told it was due to natural complications. Nine months later, a hospital insider reveals that the surgical device used had a known defect that the manufacturer and hospital hid from the public. Under the discovery rule, the two-year clock for the ca wrongful death statute of limitations would likely start from the day of that revelation, not the day the patient passed away.

To use the discovery rule, a family has to show two things:

  • They didn’t know, and couldn’t have reasonably figured out, that the death was caused by someone else’s mistake or wrongdoing.
  • The moment they suspected something was wrong, they moved quickly to investigate and get the facts.

This rule exists to make sure families aren’t punished for information that was deliberately or accidentally hidden from them.

When Minors Are Involved

The law has special safeguards for children who lose a parent. If the person who has the right to file the wrongful death claim is a minor (under 18 years old), the statute of limitations is usually paused, or tolled, until they legally become an adult at age 18. This is a crucial protection to ensure a child’s right to justice isn’t lost just because they were too young to take legal action themselves.

The legal system recognizes that a child can’t be expected to understand complex legal rights or file a lawsuit. So, the clock is paused to give them a fair chance to file a claim once they come of age.

This means that if a 10-year-old’s parent dies because of someone’s negligence, that child generally has until their 20th birthday (two years after they turn 18) to file their own wrongful death lawsuit. It’s a critical safety net for the most vulnerable people left behind.

Actions by the Defendant That Pause the Clock

Sometimes, the person or company responsible for the death actively tries to run out the clock. The law doesn’t look kindly on this behavior. If a defendant takes certain actions to dodge a lawsuit, the statute of limitations can be paused.

A few common scenarios include:

  • The Defendant Leaves California: If the at-fault person skips town and leaves the state after the incident, the time they are gone might not count toward the two-year deadline. The clock basically stops when they leave and only restarts when they come back.
  • Fraudulent Concealment: This is a big one. If the defendant intentionally hides evidence, lies, or misleads the family about what really caused the death, the statute of limitations is tolled. The clock only starts running once the family uncovers the deception.

For instance, if a company intentionally falsifies safety reports to cover its tracks after a fatal workplace accident, the family’s deadline to file a claim would be paused until the truth comes out. These rules ensure that wrongdoers can’t cheat the system to escape being held accountable. Navigating these exceptions is complex, which is why getting professional legal advice is so important.

Navigating Shorter Deadlines for Malpractice and Government Claims

Disclaimer: This article is for informational purposes only and is not to be construed as legal advice. The information provided does not create an attorney-client relationship.

It’s a dangerous assumption to think the standard two-year deadline for wrongful death cases covers every situation. In reality, some of the most tragic cases—those involving medical malpractice or government negligence—run on a much shorter and more demanding clock.

Missing these condensed deadlines can permanently close the door to justice. These special rules exist because the defendants are medical professionals or public bodies, and the law creates different procedural hurdles you must clear first. The timelines aren’t just shorter; they often involve extra steps that must be completed perfectly before a lawsuit can even be filed.

The One-Year Clock in Medical Malpractice Cases

When a death is caused by the negligence of a healthcare provider—a doctor, surgeon, or hospital—a completely different set of rules kicks in. The wrongful death statute of limitations for medical malpractice is governed by a much stricter law, California Code of Civil Procedure § 340.5.

This rule sets a dual deadline: you must file a claim within one year of discovering the injury or three years from the date of the injury itself, whichever comes first. For grieving families, that one-year-from-discovery rule is almost always the one that matters most.

Example: A patient passes away following surgery, and the hospital calls it a “non-survivable complication.” A year later, another doctor reviews the file and discovers the surgeon made a clear, preventable error. The family’s one-year clock would likely start from the day they learned of the surgical mistake, not the original date of death.

The Six-Month Window for Government Claims

If your loved one’s death resulted from the negligence of a government entity—like a city, county, or state agency—the timeline is even more compressed and complex. Before you can even think about filing a lawsuit, you must first file a formal administrative claim with the correct public agency.

You have only six months from the date of death to submit this claim.

This tight deadline applies to a huge range of scenarios, including:

  • A fatal car crash caused by a poorly maintained public road riddled with potholes.
  • An accident involving a city bus or other government-owned vehicle.
  • A death resulting from a dangerous condition on public property, like a collapsed railing in a government building.

If the government agency denies your claim, you then typically have another six months from the date of that rejection letter to file an actual lawsuit in court. This multi-step process is a common trap that catches families unaware of the initial six-month requirement.

This infographic can help you visualize whether an exception might apply to your case.

A flowchart illustrating a deadline exception decision tree, outlining steps for processing or denying exceptions.

As the flowchart shows, knowing the cause of death right away versus discovering it later creates very different starting points for the legal clock. Exceptions like these dramatically alter filing deadlines. State records show that thousands of claims are filed against government entities every year, and a huge percentage are rejected simply for being late.

Because these deadlines are so unforgiving, getting the facts straight from day one is critical. Learning more about the general statute of limitations for California negligence can provide helpful context. The difference between a two-year, one-year, or six-month deadline can mean everything—it’s what determines whether a family gets the compensation they deserve or is left with no legal path forward.

What Happens When the Deadline Is Missed

Disclaimer: This content is for informational purposes only. It is not legal advice. Reading this article does not establish an attorney-client relationship.

The CA wrongful death statute of limitations isn’t a suggestion or a flexible guideline from the court. It is a hard, legal barrier. Once that deadline passes, your right to seek justice and compensation is almost always gone for good—no matter how strong or valid your case might have been.

Think of it like a heavy courthouse door that automatically locks shut on a specific date. Once that door closes, it cannot be reopened. This finality is a core principle in our legal system, designed to make sure disputes are handled in a timely way.

The Court’s Final Decision

If you try to file a lawsuit after the statute of limitations has run out, the defendant (the person or company you are suing) will immediately ask the court to dismiss your case. In nearly every single instance, the judge is legally required to grant that request.

The court won’t hear the details of your loss. It won’t review the evidence of negligence or consider the emotional and financial devastation your family has been through. The only thing that matters at that point is the date on the calendar.

The consequence of missing the deadline is absolute. The defendant is handed a complete and permanent defense, and your family is left with no legal way to hold the responsible party accountable.

This is a harsh reality, but it highlights just how critical it is to understand and respect these legal timelines. The emotional toll of losing a loved one is immense, but waiting too long to take action can lead to a second, entirely preventable tragedy: the loss of justice itself.

The Permanent Loss of Compensation

Beyond the emotional closure that a successful lawsuit can bring, missing the deadline means you forfeit any chance at financial recovery. The compensation from a wrongful death claim is meant to provide stability for the family left behind, covering essential needs and recognizing the profound scope of their loss.

By letting the statute of limitations expire, you permanently lose the ability to recover damages for:

  • Lost Financial Support: The income your loved one would have contributed to the family’s future.
  • Funeral and Burial Costs: Reimbursement for the significant expenses of laying your loved one to rest.
  • Loss of Companionship: Compensation for the immeasurable loss of love, guidance, and support.
  • Household Services: The value of the daily contributions your loved one made to keep the household running.

The financial strain that follows a sudden death can be crushing. Losing the opportunity to secure this vital support can put your family’s long-term stability at risk. The principles are much the same for other types of cases; you can learn more about what happens if you wait too long to make a personal injury claim in our other guide.

The absolute finality of the statute of limitations is exactly why getting legal advice right away isn’t just a good idea—it’s essential to protecting your family’s future. An experienced attorney can ensure all deadlines are met, preserving your right to seek the justice and compensation you deserve.

How to Protect Your Wrongful Death Claim Today

Desk with documents, a pen, smartphone, and a banner reading 'PROTECT YOUR CLAIM'.

Disclaimer: This content is intended for informational use only and does not constitute legal advice. No attorney-client relationship is created by reading this article.

When your family is grieving, the idea of taking legal action can feel completely overwhelming. But the clock on the CA wrongful death statute of limitations starts ticking immediately, and taking a few key steps right now is crucial to protecting your rights.

Think of it like building the foundation for a house before you put up the walls. If you don’t get these initial steps right, your entire claim could crumble due to a missed deadline or lost evidence. Here’s a practical checklist to help you secure that foundation.

Start Gathering Key Documents

The strength of any wrongful death case rests on the paperwork that backs it up. Start collecting any relevant documents you can find. These papers will become the factual backbone of your claim.

Don’t stress about getting everything perfectly organized just yet. The important thing is to gather it all in one safe place. Your legal team will use these documents to piece together what happened and prove negligence.

Here are the most critical documents to track down:

  • The Official Death Certificate: This is the core legal document establishing the fact and cause of death.
  • Police or Incident Reports: If an accident was involved, this report is a goldmine of details, witness statements, and the officer’s initial findings of fault.
  • Medical Records: Pull together everything related to the final injury or illness, like hospital charts, doctor’s notes, and autopsy reports.
  • Photos and Videos: Any visual evidence from the scene of the incident can be incredibly powerful.

Document All Related Expenses

From the moment your loved one passed, your family began to face significant expenses. It is absolutely vital to keep a detailed record of every single cost, no matter how small it might seem.

Create a specific folder or a simple spreadsheet to track everything. Keep all your receipts, invoices, and bank statements organized by date. This isn’t just for your own records; it’s the evidence used to calculate the economic damages your family is owed.

Be sure to track:

  • Funeral and Burial Costs: This includes everything from the memorial service and cremation or burial to the headstone.
  • Medical Bills: Any outstanding bills for treatment your loved one received before they passed away.
  • Lost Income: Collect pay stubs or tax returns to show the financial support the deceased provided the family.

Avoid Speaking with Insurance Adjusters

It won’t be long before you get a call from an insurance adjuster representing the person or company at fault. They might sound sympathetic and kind, but their job is to protect their company’s profits by minimizing or denying your claim.

It is critical that you do not give a recorded statement or sign anything before you’ve spoken with an attorney. Adjusters are trained to ask leading questions designed to get you to say something that could damage your case. An innocent comment can easily be twisted to suggest you shared fault or to downplay the value of your claim.

The single most important step you can take is to consult with an experienced wrongful death attorney immediately. They will take over all communications with insurance companies, protect you from legal traps, and make sure every deadline is met so you can focus on what matters: grieving and healing.

An attorney acts as your shield, protecting your rights under the California wrongful death statute of limitations from day one. It’s also worth noting that beyond deadlines, legal representatives should be familiar with the broader estate settlement process that typically follows a wrongful death. An attorney can guide you through every part of the legal and financial aftermath.

While it’s not legally required to have an attorney, the reality is that wrongful death cases can quickly become complicated and emotionally exhausting. Navigating the paperwork, gathering evidence, building a strong case, and meeting strict deadlines is a lot to take on—especially when you’re already dealing with a devastating loss. An experienced attorney can handle every aspect of the process, from connecting you with the right experts and investigators to ensuring nothing falls through the cracks.

Why Legal Guidance Matters

Wrongful death lawsuits often involve complex legal and financial issues, and the process can be much longer and more involved than families expect. From collecting crucial documents to negotiating with insurance companies and presenting your case in court, having a knowledgeable advocate on your side dramatically increases your chances of a favorable outcome. While some families may choose to proceed without legal representation, most find that early legal guidance relieves stress and helps secure the strongest possible case.

If you still have specific questions after reading through these steps, don’t hesitate to reach out for answers tailored to your unique situation. Whether you’re just starting to consider your options or are ready to pursue your claim, seeking legal advice early on can help you understand your rights, avoid costly mistakes, and move forward with confidence. Having a dedicated advocate by your side can give you peace of mind and help ensure your family receives the justice and compensation you deserve.

Taking these steps today builds a strong case and gives your family the best possible chance at securing the justice and compensation you deserve.

Frequently Asked Questions About California’s Wrongful Death Deadlines

After covering the rules, it’s natural for families to have specific questions about how all this applies to their unique, painful situation. Here are some brief answers to the questions we hear most often about the CA wrongful death statute of limitations.

Disclaimer: This content is for informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship.

Does a Survival Action Have the Same Deadline as a Wrongful Death Claim?

Not always, and this is a critical distinction. Think of them as two separate legal tracks. A wrongful death claim is for the heirs—it compensates you for your personal losses, like lost companionship and financial support. Its two-year clock starts ticking on the date your loved one passed away.

survival action is different. It’s filed by the estate on behalf of the person who died, to recover damages they could have claimed if they had survived. This includes things like their medical bills from the final injury and the wages they lost before passing. The deadline for this action is tied to the original injury, which is usually two years from the harmful event or one year from its discovery. These timelines can easily diverge, making professional legal guidance absolutely essential.

How Survival Actions and Wrongful Death Claims Can Interact

In some situations, both types of claims may come into play. For example, if a person is injured due to someone else’s negligence and files a personal injury lawsuit, but sadly passes away before the case is resolved, their family may continue the lawsuit as a survival action for the estate. Once that case is settled, it’s also possible for the heirs to move forward with a wrongful death lawsuit—although you cannot seek damages already covered in the personal injury or survival action settlement.

This overlap can be confusing, but understanding the difference is crucial for grieving families. Survival actions address the harm done directly to your loved one before their death, while wrongful death claims focus on the impact and loss experienced by those left behind.

To further clarify: If a loved one was injured and started a personal injury lawsuit but passed away before it was finished, the surviving family may pick up where they left off through a survival action. This allows recovery for damages the deceased could have claimed if they had survived—such as medical bills and lost wages before death. After that case concludes, you may still have the right to file a wrongful death claim, but only for separate damages not already covered in the previous settlement.

Because these claims involve different deadlines, damages, and legal procedures, consulting an experienced attorney is the best way to protect your rights and ensure no opportunity for compensation is missed.

What Happens if an Injured Person Survives for a While, Then Passes Away from Their Injuries?

This situation is more common than you might think—and it creates a complex legal puzzle. Let’s say your loved one was hurt due to someone else’s negligence and began the process of seeking compensation through a personal injury lawsuit. If they later pass away from those injuries before their case reaches a conclusion, the legal claims don’t simply vanish.

Here’s how it typically works:

  • The original personal injury case continues: The estate can “step into the shoes” of the person who died, pursuing the damages the injured person could have received for the harm suffered before death.
  • A new wrongful death claim becomes possible: After the personal injury (now “survival action”) portion is settled, surviving family members may still file a wrongful death lawsuit. This separate claim seeks damages for their own losses following the death—like loss of companionship, emotional support, and the financial contributions the loved one would have made.

However, keep in mind: you can’t recover the same damages twice. Awards already covered by the initial injury claim aren’t available in the wrongful death action. Each route involves its own procedures, deadlines, and qualifying losses—which is why an attorney’s guidance is invaluable for families facing such difficult, layered circumstances.

What if We Didn’t Know the Death Was Wrongful Until Later?

This is where the “discovery rule” can come into play. California law recognizes that the true cause of a death isn’t always obvious right away. If you couldn’t have reasonably discovered that negligence or a wrongful act was involved until a later date, the two-year clock may start from that date of discovery instead of the date of death.

For example, imagine an autopsy report is released months after a death, and it’s the very first time anyone mentions a fatal medical error. The statute of limitations might begin when you receive that report. But be warned: you’ll have to prove that you were reasonably diligent in trying to find the facts.

Can We File a Lawsuit if a Criminal Case Is Also Pending?

Yes, you absolutely can, and in most cases, you absolutely should. It’s a common misconception that you have to wait. A civil wrongful death lawsuit and a criminal prosecution are entirely separate legal proceedings with different goals. The state files a criminal case to punish the wrongdoer with penalties like jail time. Your civil case is about seeking financial compensation for your family’s devastating losses.

The outcome of the criminal case has no legal bearing on your civil claim. More importantly, the statute of limitations for your wrongful death claim keeps running, regardless of what’s happening on the criminal side. Waiting for that case to wrap up could mean you miss your deadline entirely and lose your right to seek justice for your family forever.


Disclaimer: This article is for informational purposes only and is not to be construed as legal advice. No attorney-client relationship exists based on the review of this article, and none of the information in this article is legal advice.

Navigating the complexities of California’s wrongful death deadlines is not something you should do alone, especially while grieving. You need immediate and experienced legal guidance. Contact LA Law Group, APLC today for a free consultation to understand your rights and protect your family’s future.