Key Takeways: The wrongful death statute of limitations in California is two years from the date of death under CCP 335.1, not from the date of the accident. If a city, county, or other public agency may share the blame, a government claim is due within six months, and medical malpractice deaths run on their own shorter clock.
The calls stop after the funeral. The casseroles stop. Then the mail starts: hospital bills, a letter from an insurance company, maybe a police report you cannot bring yourself to open.
Nobody tells grieving families that a legal clock started running the day their loved one died. But it did.
Every deadline that can apply is laid out below, along with what starts the clock and the rare situations where it pauses.
The Wrongful Death Statute of Limitations in California: Two Years From Death
California Code of Civil Procedure 335.1 gives two years to file a lawsuit “for the death of, an individual caused by the wrongful act or neglect of another.” That covers most wrongful death claims, including car crashes, truck crashes, pedestrian deaths, dangerous property, and defective products.
Notice what starts the clock. It is the date of death, not the date of the accident. The California Supreme Court said it plainly in Norgart v. Upjohn Co. (1999): a wrongful death claim accrues on the date of death.
That difference matters when someone survives for a while after being hurt. Here is how it plays out:
- A man is hit by a truck on the 210 in Pasadena on March 1, 2026.
- He spends five weeks in the hospital and dies on April 8, 2026.
- His family’s two-year deadline to file a wrongful death lawsuit runs to April 8, 2028, measured from the death, not from March 1.
If a public agency played a role in that crash, the timeline above is wrong, and dangerously so. Keep reading.
Deadlines by Type of Claim
The table below compares each California wrongful death deadline by type of claim, from the standard two-year rule to federal claims.
| Type of claim | Deadline in California | Law |
|---|---|---|
| Standard wrongful death (car crash, premises, product) | 2 years from the date of death | CCP 335.1 |
| Claim against a city, county, state, or public agency | Government claim within 6 months; lawsuit within 6 months after written rejection | Gov. Code 911.2, 945.6 |
| Missed the 6-month government claim | Application for leave to file a late claim within 1 year | Gov. Code 911.4 |
| Medical malpractice death | 3 years from injury or 1 year from discovery, whichever comes first | CCP 340.5 |
| Survival action (the decedent’s own claim) | Later of 6 months after death or the deadline that would have applied | CCP 366.1 |
| Asbestos-related death | 1 year from death, or from discovery that asbestos caused it, whichever is later | CCP 340.2 |
| Claim against the federal government | Written claim to the agency within 2 years | 28 U.S.C. 2401(b) |
Suing a City, County, or Public Agency
The government claim deadline is the shortest one in California wrongful death law, and the easiest to miss. If a government entity may share the blame, California’s Government Claims Act applies. Think of a Metro bus crash, a city vehicle, a dangerous intersection with a broken signal, or an LAUSD school bus.
Under Government Code 911.2, a claim for death or personal injury must be presented to the agency no later than six months after the cause of action accrues. That is a claim, not a lawsuit. It goes to the agency first.
What happens next depends on the agency’s response:
- If the agency sends a written rejection, you have six months from the date the notice is delivered or mailed to file your lawsuit (Gov. Code 945.6).
- If the agency never sends written notice, the deadline to sue is two years from accrual.
- If you missed the six-month claim deadline, you can apply for permission to file a late claim, but that application must be made within one year (Gov. Code 911.4).
Six months goes fast when you are planning a funeral. If a public agency might be involved, treat the six-month date as the real deadline.
Medical Malpractice Deaths Have Their Own Clock
When a death is caused by a health care provider’s negligence, California uses Code of Civil Procedure 340.5 instead of the general two-year rule. The deadline is three years after the date of injury or one year after the family discovers, or reasonably should have discovered, the injury, whichever comes first.
There is also a notice requirement. CCP 364 says the provider must get at least 90 days’ notice of intent to sue. If that notice is served within the last 90 days before the deadline, the deadline is extended 90 days from the date of service. Get the order of steps wrong and the claim can be gone.
Wrongful Death vs. Survival Action Deadlines
California law gives families two different claims, and they do not share a deadline.
A wrongful death claim belongs to the family. It covers what they lost: financial support, household services, and the love, companionship, and guidance of the person who died. A survival action is the decedent’s own claim, which passes to their estate or successor in interest under CCP 377.30. It can cover losses the person had before they died, such as medical bills and lost wages.
The survival action deadline is set by CCP 366.1: the later of six months after the death or the limitations period that would have applied if the person had lived. Most families bring both claims together, which is one reason to sort out the deadlines early. Our guide on who can file a wrongful death claim explains which family members have standing under CCP 377.60.
Can the Deadline Ever Be Paused?
Sometimes, but rarely, and no family should plan around an exception.
Minor Children
Under CCP 352, the statute of limitations can be paused while a plaintiff is under 18. In Cross v. Pacific Gas & Electric Co. (1964), the California Supreme Court held that the deadline running against adult heirs did not cut off the rights of minor children in a wrongful death case.
But there is a hard exception. CCP 352(b) says that pause does not apply to claims against public entities that require a government claim, and medical malpractice has its own rules for minors. A child’s claim against a city still needs the six-month claim.
When Nobody Knew the Death Was Caused by Negligence
Some families learn months later that a death was not an accident of fate. California courts have discussed a delayed discovery rule, but in Norgart the Supreme Court only assumed it might apply. Even then, the clock starts once a family suspects, or has reason to suspect, that someone did something wrong.
Do not count on this one. If you suspect negligence, the safe move is to act as if the clock started on the date of death.
What Happens If You Miss the Deadline
In most cases, the claim is over. A court will dismiss a wrongful death lawsuit filed after the statute of limitations runs, no matter how strong the evidence is or how clearly someone else was at fault. The insurance company knows this, which is why some adjusters are happy to keep “talking” for months.
The facts also get harder to prove with time. Surveillance video gets recorded over, vehicles get repaired or scrapped, and witnesses move. Two years sounds like plenty.
It rarely is once you factor in investigation, expert review, and the government claim rules. If you are still figuring out what a claim could cover, our breakdown of how much a wrongful death case is worth is a good next read.
Final Thoughts
Grief does not follow a calendar, and nobody should be made to feel they are “late” for mourning someone they loved. Still, the law keeps its own time, and it does not slow down for heartbreak. Writing down one date, the day your loved one passed, and counting forward from it is a small act that protects a lot.
Lean on the people around you. Let someone else help carry the paperwork while you carry the rest.
Talk to Pyramid Legal About a Wrongful Death Claim in California
If you lost a family member because of someone else’s negligence anywhere in Southern California, our attorneys can identify every deadline that applies, including government claim dates, and file on time. You get 24/7 direct access to an attorney and pay no fees unless we win. Visit us at 1055 E Colorado Blvd, Suite 500, Pasadena, CA 91106, call 818-946-0763, or learn more about our Pasadena wrongful death lawyers.
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For the full picture of what a family can pursue, read wrongful death claims: pursuing justice for a loved one.
This article is general information about California wrongful death deadlines. It is not legal advice about your specific matter and does not create an attorney-client relationship.
Frequently Asked Questions
Does negotiating with the insurance company pause the wrongful death deadline?
Can a wrongful death claim be filed if the at-fault driver is facing criminal charges?
Who decides which family member files the wrongful death lawsuit?
Is the deadline different if the person who died was a child?
What if the death happened outside California?
Another state’s deadline may apply, and many states use different time limits. Where the death occurred, where the defendant is located, and which state’s law governs can all change the answer. Talk to a California attorney quickly so the shortest possible deadline is identified first.
