Legal Question in Medical Malpractice in California

How long does one have to file a wrongful death lawsuit?

Asked on 9/08/14, 11:46 pm

2 Answers from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

You don't have to wait any time at all. However, you do need to accomplish the task within the statute of limitations for California.

Just like personal injury claims, a wrongful death claim in California has to be filed within a specific time period.

California law requires a wrongful death claim to be filed within TWO years of the date of the decendent's death. If the case is not filed in the state's civil court system within two years, the family will almost certainly lose the right to file it at all.

Only certain people are allowed to file a wrongful death lawsuit in California.

1) the deceased person's parents, surviving siblings, or children of deceased


2) grandparents or lineal descendants, and/or

individuals who were financially dependent on the deceased person at the

time of his or her death.

3) the deceased person's surviving spouse and children, including a putative

spouse and children.

4) the deceased person's domestic partner.

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Answered on 9/08/14, 11:55 pm
Paymon Bidari Bidari Civil Defense

2 years. (California Code of Civil Procedure section 335.1.)

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Answered on 9/09/14, 9:59 am

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