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

Published by

Samer Habbas, Esq

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

The 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.

Samer Habbas, Esq

Samer Habbas is a California attorney with over 18 years of experience in personal injury law. Throughout his career, he has successfully recovered over $300 million for his clients, solidifying his reputation as a leading advocate in the field. Samer swiftly gained recognition for his adept negotiation skills and unwavering dedication to his clients. His practice spans a wide range of personal injury cases, including car accidents, dog bites, funeral home abuse, premises liability, and wrongful death. Samer is known for his compassionate approach and commitment to securing favorable outcomes for his clients. His expertise has earned him the trust and respect of both his clients and his peers within the legal community. He is also deeply invested in giving back to his community. He actively participates in pro bono work and volunteers his time to various charitable organizations. Samer is a champion for those who have been wronged, leveraging his extensive experience and expertise to make a meaningful difference in the lives of his clients and his community.