Quick Answer
Two years from the date of death under California Code of Civil Procedure §335.1. The deadline shortens to six months if a government entity contributed to the death (Government Code §911.2). Medical malpractice wrongful death runs on a separate clock under CCP §340.5: three years from the act, or one year from discovery of the cause of death, whichever is earlier. Miss any of these and the claim is permanently barred.
Reviewed by Daryoosh Khashayar, ABOTA Member, founder and managing partner of Khashayar Law Group — Last updated May 2026.
California wrongful death actions are governed by the same two-year statute of limitations that applies to personal injury claims under California Code of Civil Procedure §335.1, but the clock starts from the date of death, not the date of the original injury. Once the deadline runs, courts dismiss the case on procedural grounds regardless of how strong the underlying facts are.
Three exception categories shorten the deadline dramatically. When a government entity is involved (the City of San Diego, the County, the State of California, or any public employee), California Government Code §911.2 requires a written government claim within six months of the death. Medical malpractice wrongful death has its own clock under CCP §340.5: three years from the act of malpractice, or one year from the date the plaintiff knew (or reasonably should have known) of the cause of death, whichever expires first.
The interaction between these statutes is where many wrongful death cases die before they’re filed. Khashayar Law Group reviews every potential wrongful death case for all three deadline tracks in the first consultation. The consultation is free; the firm advances all costs.
Two years from the date of death, under CCP §335.1. The deadline is strict: courts dismiss late-filed wrongful death cases without examining the merits. The two-year period begins on the date the deceased actually died, not the date of the underlying injury. This matters in cases where someone was injured, lingered for some period, and then died from injuries — the wrongful death clock starts at death.
If the City of San Diego, the County, the State, or any public employee’s conduct contributed to the death (a dangerous road condition, a public vehicle collision, a public hospital error, an injury caused by a public school, etc.), California Government Code §911.2 requires a written government claim within six months of the date of death. The claim must comply with strict content requirements under §910 (the deceased’s identity, the circumstances of the death, the amount of damages claimed, etc.).
Once the claim is rejected or deemed rejected (45 days of agency inaction), a separate window opens to file a lawsuit. Missing the six-month government claim deadline is the single most common procedural failure in California wrongful death cases.
Medical malpractice cases follow a separate statute under CCP §340.5. The deadline is the earlier of:
This rule is particularly punishing in wrongful death cases where the cause of death isn’t immediately clear — an autopsy report, expert review, or hospital records review can take months. The clock starts when the family had constructive knowledge of the cause, which courts interpret strictly.
Limited categories of tolling apply:
These exceptions are narrow and routinely litigated. Most wrongful death cases proceed on the standard two-year (or six-month government claim) timeline.
This FAQ relates to our Wrongful Death and Medical Malpractice practice areas. To preserve your wrongful death claim before any deadline runs, call (858) 509-1550.