What is the statute of limitations for wrongful death in California?

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

Grief does not run on a schedule, and the law’s clock can feel unfair. Knowing the dates early lets your family take the time it needs without losing the right to bring a claim.

The two-year rule and when it starts

Code of Civil Procedure 335.1 gives two years to sue “for the death of an individual caused by the wrongful act or neglect of another.” In Norgart v. Upjohn Co. (1999), the California Supreme Court said that, as a usual matter, a wrongful death claim accrues on the date of death.

The court also discussed the delayed discovery rule. Assuming it applies, the clock starts when the family at least suspects, or has reason to suspect, a factual basis for the claim. In Norgart, the father had suspected wrongdoing years before he sued, so the case was too late either way. For families, a suspicion can be enough to start the clock.

Deaths after medical care

When a doctor, hospital or other health care provider is blamed, CCP 340.5 sets the limit: three years after the injury or one year after the family discovers, or with reasonable diligence should have discovered, the injury, whichever comes first. The statute lists three grounds that extend the three-year limit: fraud, intentional concealment and a foreign object left in the body.

Before suing a health care provider, the family must give at least 90 days’ notice of the intent to sue. If that notice is served within the last 90 days before the deadline, the deadline is extended 90 days from the date of service (CCP 364).

Claims against a city, county or state agency

If a public employee, a government vehicle or a dangerous public property caused the death, a lawsuit cannot be the first step. A written claim must be presented to the agency within six months after the claim accrues (Gov. Code 911.2). If the agency sends a written rejection, the lawsuit is due six months after that notice is delivered or mailed; if it never sends one, the family generally has two years from accrual (Gov. Code 945.6).

A family that misses the six months can apply for leave to present a late claim, within a reasonable time and no later than one year after accrual (Gov. Code 911.4). Our page on the six-month rule for city and county vehicles explains the claim form.

When a child loses a parent

California pauses most deadlines while the person entitled to sue is under 18 (CCP 352). In Cross v. Pacific Gas & Electric Co. (1964), the California Supreme Court applied that pause to minor children in a wrongful death case, holding that the time running against the adult heirs does not affect the minors’ rights.

That pause has two large gaps:

• Medical negligence. In Washington v. Nelson (1979), the Court of Appeal held that CCP 340.5 controls a wrongful death case based on malpractice, so a minor heir’s claim was barred when nothing was filed within three years of the death.
• Public agencies. CCP 352(b) says the minority rule does not apply to actions against a public entity or public employee. The claims statutes have their own minor rules: time spent as a minor counts toward the one-year late-claim limit (Gov. Code 911.4), and minority is one ground for granting a late claim (Gov. Code 911.6).

Because California treats the claim as one lawsuit with all heirs joined, waiting for a child to grow up is rarely a safe plan.

The estate’s claim has its own clock

If the person who died had a claim of their own, the estate may bring it as a survival action. CCP 366.1 allows that claim to be filed within the later of six months after the death or the time the person would have had if they had lived. Our page on survival actions explains what that claim covers.

California compared with Texas and Washington

Texas counts two years from the death under CPRC 16.003, with a separate rule for health care claims in CPRC 74.251 and notice to a government unit due within six months of the incident under CPRC 101.101; our Texas deadline page explains them. Washington applies the three-year period in RCW 4.16.080, and a claim against a local government must be presented and 60 days must pass before suit (RCW 4.96.020); its medical rule is on our Washington deadline page. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.

What this means for your case

Write down the date of death and, if the death followed medical care, the date your family first had reason to think something went wrong. Find out whether any public agency, public hospital or government vehicle was involved, because that can bring the first deadline down to six months. Keep the death certificate, hospital records and any letters from insurers.

Check early who belongs in the case, using our page on who can file. A lawyer can then calculate each date and file or present the claim before the earliest one.

Common questions

Related pages

Injury law FAQs

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.