Hogan Injury > Blog > Ask a lawyer > The Statute of Limitations on Wrongful Death Case

The Statute of Limitations on Wrongful Death Case

QUESTION:

What is the statute of limitations for filing a wrongful death suit in the state of California? My son was murdered in 2008 and I am interested in filing a tort case.

ANSWER:

According to the California Code of Civil Procedure (CCP), there is generally a two-year statute of limitations for claims involving death of a person “caused by the wrongful act or neglect of another” (CCP § 335.1). This means that a suit should be filed within two years from the death of the person, otherwise the claimant will be barred from doing so, or the case will be dismissed because the time limit has expired.

If a close family member died as a result of wrongful act or neglect by another, it is advisable for the spouse, heirs, or parents of the victim to work with an experienced personal injury attorney as soon as possible to avoid being prevented from claiming damages due to the running of the time limit to file an action.

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