Hi, my name is Matt Eason. I’m a personal injury and wrongful death attorney practicing law for over 25 years in Sacramento, California. In this video, we will discuss the question, “Is there a statute of limitations for wrongful death in California?”
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Hi, my name is Matt Eason. I’ve been a personal injury and wrongful death attorney in Sacramento, California, for over 25 years. In this video, we will discuss the question, “Is there a statute of limitations for wrongful death in California?”
The short answer is that California has a statute directly on point. The California Code of Civil Procedure 335.1 says you have two years to bring an action for bodily injury or wrongful death.
The problem with that statute and the trouble for the unwary is that the law sets forward the outside length from most people to bring an action for wrongful death. Many other statutes shorten that time frame by less than two years, which makes us the most concerned about missing clients.
For example, if your claim is against many government entities here in California, your period is not two years but is limited to six months. Additionally, if your claim is for professional malpractice, such as against a doctor or hospital, many of those claims are reduced from two years to one year.
Another problem with simplifying that statute is that there are situations in which the period for bringing a case can be extended based on the defendant’s actions or other matters.
Those situations are rare and few and far between, but they exist.
Another situation in which that simple statute could be more complex is when that period begins to run. Historically speaking, the statute of limitations, or the time you have to file a claim, starts from the date of the misconduct, not necessarily the date of passing. However, there are many complex nuances as to which of those two dates is applicable.
So, while the answer to the question appears to be super simple as to the statute of limitations for bringing a personal injury or wrongful death action, it’s not. It’s very complex. It may be shorter than you think, or there might be reasons that we can extend that. Regardless of if you’ve got a concern about a wrongful death action, you should not wait. You should contact an attorney right away. I hope you will consider contacting me or another Sacramento wrongful death lawyer in our office.
