The deadlines that follow a death in California

No family wants to think about deadlines while grieving. California has general time limits, but the applicable date can depend on accrual rules, the defendant, the type of claim, and exceptions. The summary below is general information, not a calculation of any person's deadline.

The general rule: two years

Code of Civil Procedure §335.1 provides a general two-year period for an action for the death of an individual caused by another's wrongful act or neglect. Other statutes and facts can affect the applicable period.

Certain public-entity claims: six months after accrual

Government Code §911.2 generally requires a claim relating to death or personal injury to be presented to the public entity within six months after the cause of action accrues. Presentation is an administrative step before a lawsuit. Accrual questions, late-claim procedures, and exceptions can apply, so possible public-entity involvement is flagged for attorney review rather than treated as a final legal conclusion.

Other special situations

Medical-negligence claims and other special situations can follow different rules. Minority, delayed discovery, tolling, and other facts may also matter. A lawyer can evaluate the particular facts and procedural requirements.

Records and legal deadlines are separate

An agency's time to complete a coroner or collision report does not determine a civil claim's deadline. If a potential claim is being considered, legal advice can be sought while records remain pending.

This guide is general California information, not legal advice. Submitting a form does not create an attorney-client relationship. Our intake team can flag possible timing issues for attorney review without charge or obligation.