Hi, my name is Matt Eason, and I’ve been practicing personal injury and wrongful death law here in the Sacramento area for 25 years. In this video, we will address how long you must sue for wrongful death in California.
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The period to sue for wrongful death in California, or negligence for that matter in California, is probably the number one area that attorneys malpractice. It is very technical and rigorous, and you shouldn’t rely on a video for that information. You’ll need to pick up the phone or write to the attorneys in our office to get that answer. However, in this video, we’re going to discuss some of the general time frames to give you an idea upon which to base the conversation when you do contact an attorney.
The starting point for the period to bring a claim for wrongful death in California is two years for most personal injury actions. When that period starts, and how it’s different based on the type of action, there is a lot of confusion and potential issues. The period for a wrongful death action did not necessarily start when the person passed away, but it begins when the action occurred that gave rise to the circumstances that caused them to pass away.
For example, if there’s a car accident on July 1st, but the person survives under intensive care for three or four weeks, the period doesn’t necessarily begin when they passed away but began at the time of the car accident. That period for personal injury matters is typically two years in California.
One of the biggest concerns about applying the two-year statute of limitations rule to a wrongful death action is that two years could be substantially shorter if it’s against certain government entities. If your claim is against a government entity or an employee of a government entity acting in the course and scope of their employment, that period may not be two years. It may be as short as six months.
Another significant deviation from the two-year rule has to do with claims for professional malpractice. Traditionally, we’re talking about claims against hospitals, doctors, etc. Those claims often are not two years but have also been reduced to one year. We have talked about a few situations in which the period is shortened, and there are some situations in which the period could be extended. There’s a very narrow set of laws and facts that might extend the statute of limitations based on the unavailability of the defendant being in the state and the delayed discovery of specific facts giving rise to cause of action. However, those situations in which the statute of limitations is extended are very narrow, and you need to speak with an attorney about those issues.
In addition to bringing a wrongful death action, there might be another claim for death benefits, such as against an employer or someone else. Those claims might not be two years, but they might be as short as one year in the workers’ compensation system.
I am not a big fan of videos that purport to answer a question and then give you so many exceptions in the exact call, attorney. I want to provide you with the answer. However, regarding the statute of limitations in the period to bring a claim, I go back to my original comment. It’s very, very technical, and the truth of the matter is, it is the kind of thing you do want to reach an attorney about sooner rather than later because you don’t want to miss that period accidentally.
If you have questions about a wrongful death claim, whether or not you have the right to bring that claim, I hope you’ll consider contacting me. My name is Matt Eason, and I am a Sacramento wrongful death attorney at my firm, Eason & Tambornini.
