How Long Does a Wrongful Death Lawsuit Take?

A wrongful death lawsuit usually takes longer than a claim that settles without one, and no official source publishes an average length. In California, the family generally has two years from the death to sue (Code of Civil Procedure 335.1), and once the suit is filed the courts aim to finish every unlimited civil case within 24 months (rule 3.714).

What are the stages of a wrongful death case?

Each family’s case moves at its own pace, but most pass through the same steps.

1. Investigation. Your lawyer gathers the police or coroner report, medical records, witnesses and insurance policies. In a death case this often includes waiting for an autopsy or toxicology result.
2. Claim and demand. The insurer receives the evidence of fault and of the family’s losses. Some claims settle at this point without a lawsuit.
3. Filing and service. In California the complaint must be served on each defendant, with proof filed within 60 days, and the defendant then has 30 days to respond (rule 3.110). The court sets a first case management conference and gives notice at least 45 days before it (rule 3.722).
4. Discovery. Both sides trade documents and question witnesses under oath. In California, discovery generally must be finished 30 days before the first trial date (section 2024.020).
5. Mediation or settlement conference. If the judge sets a mandatory settlement conference, each side must file a statement with a good faith demand or offer, and each plaintiff an itemization of damages, five court days ahead (rule 3.1380).
6. Trial. Trial dates are firm, and a delay requires good cause, such as the death or illness of an essential witness (rule 3.1332). A losing side generally has 60 days from service of the notice of entry of judgment to appeal (rule 8.104).

What court rules control how long it takes in California?

California sets time goals for the courts, not for any one family. Under rule 3.714, the target for unlimited civil cases is 75 percent finished within 12 months of filing, 85 percent within 18 months and all within 24 months. A judge may exempt an exceptional case from those goals, but must then set a plan for it, with disposal within three years as the aim.

There is also a firm outer limit. A California action must be brought to trial within five years after it is started against the defendant (section 583.310). Time when the case was stayed, or when going to trial was impossible or impracticable, is left out of that count (section 583.340).

How long do families have to file in California, Texas and Washington?

The clock to file usually starts on the date of death, and some claims have earlier steps.

Government claims add months before a lawsuit. A California public entity has 45 days to act on a claim, and silence counts as a rejection (Gov. Code 912.4). After a written rejection, the family generally has six months to sue (Gov. Code 945.6).

Medical negligence has its own timetable. California allows three years from the injury or one year from discovery, whichever comes first (section 340.5), and requires 90 days’ notice to the provider before filing (section 364). Texas requires 60 days’ notice and a written report from a qualified health care reviewer within 120 days after each defendant answers (chapter 74). Washington generally requires mediation before a health care trial (RCW 7.70.100).

How long does it take to settle a wrongful death claim?

A settlement can come at any stage, from the first demand to the week before trial. What decides the timing is usually how quickly the evidence of fault and the family’s losses can be pinned down, and whether the insurance available is enough to cover them.

Two steps in death cases add time even after the parties agree on a number.

• Who is entitled to share. California generally lets the spouse, domestic partner and children bring the claim, or, if there are no descendants, other heirs (section 377.60). In Texas the claim belongs to the spouse, children and parents, and if none of them sues within three months the executor or administrator must, unless they all ask otherwise (section 71.004). In Washington the personal representative brings the case for the family members named in RCW 4.20.020 (RCW 4.20.010).
• Dismissal. Once a California case settles, the dismissal is due within 45 days of an unconditional settlement (rule 3.1385).

Does a child’s share need court approval?

Yes, in most cases. In California a minor appears in court through a guardian or guardian ad litem, who can settle only with the court’s approval (section 372). A parent’s compromise of a child’s claim is valid only after a court approves it on a petition (Probate Code 3500). The petition must be verified and disclose everything bearing on whether the deal is reasonable (rule 7.950), and the court then directs how the child’s money is held (Probate Code 3600).

In Washington the court must review any settlement involving a minor’s interest and usually appoints a settlement guardian ad litem, who reports within 45 days unless the court sets another date. Sums of $50,000 or less may go into a blocked account that releases money only by court order (SPR 98.16W). In Texas a court may decide by decree how a minor’s funds are invested and may approve a structured settlement (Property Code chapter 142). Plan on a hearing date when a child is among the heirs.

What speeds up or slows down a wrongful death case?

Things that tend to shorten a case:

• clear proof of fault, such as video or an admission;
• complete records of income, household help and funeral costs early on;
• heirs who agree on who is part of the claim.

Things that tend to lengthen it:

• a criminal case against the driver or other defendant running at the same time;
• several defendants, each with an insurer and lawyer;
• a claim against a government agency or a medical provider, with their extra notice steps;
• a dispute over who the heirs are or how to divide the award (section 71.010 lets a Texas jury set each share);
• a defense appeal after a verdict.

What to do now

1. Write down the date of death and ask a lawyer for every deadline that applies, including any government claim.
2. Request the death certificate and the police or coroner report.
3. Keep pay stubs, tax returns, funeral bills and medical bills in one place.
4. List every family member who may share in the claim, including children from other relationships.
5. Do not sign anything from an insurer or give a recorded statement before you get advice.
6. Ask your lawyer which stage the case is in and what the next court date is.

Talk to us about your family’s case

If you lost someone because of another person’s carelessness, call Beverly Law at (310) 552-6959 for a free, confidential review in English or Spanish. You owe no fees or costs unless we win.

Common questions

Related pages

Personal Injury Questions · Wrongful death statute of limitations in California · Wrongful death claim against the City of Los Angeles · Is mediation legally binding? · Lawsuit funding on a wrongful death case · Personal injury questions · Law Blog

Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-13.