Statute of Limitations for Wrongful Death Claims in San Diego

In California, the statute of limitations for wrongful death claims is generally two years from the date of death. (California Code of Civil Procedure section 335.1.) This means you must file a wrongful death lawsuit within two years of your loved one’s passing. Missing this deadline can bar you from recovering damages, making it critical to act quickly.

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What Is the Statute of Limitations?

The statute of limitations is the legal deadline for filing a lawsuit. If you fail to file your claim within this timeframe, you may lose your right to seek compensation—regardless of the strength of your case.

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Exceptions to the Two-Year Rule

While the general rule is a two-year deadline, certain circumstances may shorten or extend the statute of limitations. These exceptions include:

1. Claims Against Government Entities

If the wrongful death was caused by a government entity (e.g., a city bus accident or dangerous roadway condition), the timeframe is much shorter. In these cases:

• You must file an administrative claim within six months of the death. (California Government Code section 905.)
• If the claim is denied, you may have additional time to file a lawsuit, typically six months from the denial date.

2. Claims Against Healthcare Providers (Medical Malpractice)

‍If the wrongful death was caused by a healthcare provider (e.g., a hospital, doctor, or nurse), the timeframe to sue is generally one year from the date of death. (California Code of Civil Procedure section 340.5.)

3. Discovery Rule

In some cases, the cause of death may not be immediately apparent. For example, if your loved one died due to medical malpractice but the negligence wasn’t discovered until later, the statute of limitations may begin on the date the negligence was discovered or reasonably should have been discovered.

4. Minors as Claimants

‍If a minor child is filing the claim (e.g., for the loss of a parent), the statute of limitations is tolled (paused) until the child turns 18. (California Code of Civil Procedure section 352.) However, there are exceptions (like government claims) and it is best to consult with an attorney and not delay in pursuing a claim. 

5. Survival Actions

‍If your case involves a survival action (a claim for damages the deceased could have pursued if they had survived, such as pre-death medical expenses or pain and suffering), the statute of limitations varies depending on the specifics of the case. Generally, the statute of limitations is six months after the person’s death, or within two years of the injury giving rise to the claim. (California Code of Civil Procedure section 366.1.) 

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Contact an experienced personal injury attorney to ensure your wrongful death claim is timely filed and critical evidence is preserved.

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Why Acting Promptly Is Critical

Filing a wrongful death claim involves more than just meeting deadlines. The sooner you take action, the stronger your case is likely to be. Here’s why acting promptly is so important:

1. Preservation of Evidence

‍Key evidence, such as accident scene photos, medical records, or surveillance footage, can deteriorate or disappear over time. Acting quickly ensures that your attorney has access to the evidence needed to build a strong case.

2. Witness Testimony

Witnesses play a vital role in proving negligence, but memories can fade over time. Contacting an attorney early allows them to interview witnesses while their recollections are still fresh.

3. Avoiding Legal Pitfalls

‍Navigating a wrongful death claim can be complex, especially if multiple parties are involved or if exceptions to the statute of limitations apply. Consulting a personal injury attorney early ensures that all procedural requirements are met, protecting your claim from unnecessary delays or dismissals.

4. Financial Relief

‍The financial strain of losing a loved one can add to the emotional toll. Pursuing a wrongful death claim as soon as possible can help you recover compensation to cover funeral expenses, medical bills, and other costs.

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How a Wrongful Death Attorney Can Help

At Hulburt Law Firm, our experienced San Diego Wrongful Death Attorneys, Conor and Leslie Hulburt, are here help you understand your rights, meet critical deadlines, and pursue the justice your family deserves. Here’s how we can help:

• Evaluate your case: We’ll review the details of your loved one’s death, identify liable parties, and determine the appropriate filing deadlines.
• Conduct a thorough investigation: From gathering evidence to consulting expert witnesses, we’ll build a strong case to support your claim.
• Handle the legal complexities: We’ll ensure your claim is filed on time and complies with all procedural requirements, so you can focus on healing.
• Advocate for maximum compensation: Whether through settlement negotiations or a trial, we’ll fight tirelessly to secure the justice and financial relief your family deserves.

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Contact Hulburt Law Firm Today

We know that this is a difficult time, but taking action now can make all the difference. Contact us today for a free consultation. The Truth Demands Justice.

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Related Content:

• The Role of Wrongful Death Attorneys in San Diego
• Legal Process for Wrongful Death Claims in San Diego

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