Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

California's standard 2-year wrongful death deadline covers most cases — but medical malpractice and government defendants each follow their own, meaningfully different rules.

The standard 2-year window

Most wrongful death claims in California fall under Code of Civil Procedure §335.1, giving heirs 2 years from the date of death to file — not from the date of the underlying injury or accident. This matters when someone is injured, survives for a period, and dies later from that injury: the wrongful death clock starts fresh at death.

The medical malpractice exception

A wrongful death claim arising from medical malpractice doesn't follow the standard deadline. Instead, it's governed by California's separate medical malpractice statute of limitations (CCP §340.5), which measures the applicable one-year and three-year periods differently than the general framework. This is a real trap for families who assume the standard 2-year deadline always applies regardless of the underlying cause.

Government defendants shrink the window dramatically

If a government entity may be responsible for the death, families must first file a government claim under Government Code §911.2 — typically within just 6 months of the death, far shorter than the standard 2-year deadline. Missing this government-claim deadline can bar the case before the standard statute of limitations would even become relevant.

This is general information, not legal advice, and deadline rules allow little room for error. Confirm the exact deadline for your situation — especially if medical malpractice or a government entity may be involved — with a licensed California attorney immediately.