California Wrongful Death Statute of Limitations: How Long Do I Have to File a Claim Under CCP Section 335.1?

If you have a lost a loved one due to the negligent or reckless actions of another party, you or the deceased victim’s estate may be entitled to monetary compensation.  However, like any other personal injury claim, under California laws, you only have a certain period of time to file a wrongful death claim. As such, it is imperative to immediately consult with an Orange County wrongful death lawyer.

The Timely Filing of a Wrongful Death Claim

Wrongful death lawyer-Samer HabbasThe California Wrongful Death Statute of Limitations is contained in the Code of Civil Procedure Section 335.1. This section applies to accident cases, injury claims and wrongful death situations. More specifically, this statute spells out how long a personal injury claimant has to file a wrongful death action on behalf of a loved one who died due to the negligent actions of another individual or party in an accident.

Under Section 335.1, a claimant only has two years in which to file a lawsuit for their damages. Once two years has passed, the claimant loses the right to file a lawsuit for their damages or other relief.

Exceptions to the Wrongful Death Statute of Limitations

Generally speaking, the statutory period for filing a wrongful death action starts on the date of the injury. However, there are certain exceptions to this rule, making it crucial that you immediately consult with an Orange County wrongful death lawyer.

General exceptions to the two-year statute of limitations rule includes:

  • Situations where the at-fault party is a public entity, such as a city, county, state or school.
  • The statute of limitations may be tolled if the victim was not mentally competent at the time of the accident.
  • If the claimant is a minor, the statute may be extended until a period of time after their 18th birthday.
  • Cases involving childhood sexual abuse and cases of libel, slander, false imprisonment and fraud often include different statute of limitations.

Call Us Before It’s Too Late!

For more information in timely filing a wrongful death action or for a free consultation with an Orange County wrongful death lawyer, call the Law Offices of Samer Habbas at 888.848.5084.

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