How Long Do You Have to File a Wrongful Death Lawsuit?

How Long Do You Have to File a Wrongful Death Lawsuit in Fresno, CA?

Updated: May 22, 2025

Like most civil claims filed in California, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the victim’s death. Therefore, legal action must be initiated within this two-year timeframe.

However, the start date for the filing period is not always clear and may be subject to exceptions under certain circumstances.

Here’s an overview of how filing a wrongful death lawsuit works in California. For additional questions, please schedule a free consultation with a Fresno wrongful death lawyer.

California Wrongful Death Statute of Limitations

The statute of limitations for filing a wrongful death lawsuit is typically two years from the date of the victim’s death, but exceptions may apply. Regardless, failure to file within the allotted timeframe generally invalidates the wrongful death claim.

While two years may seem like a substantial amount of time, the preparation process can be lengthier and more demanding than anticipated, especially when coping with funeral arrangements, financial burdens, and emotional recovery.

Why Prompt Action Is Crucial When a Wrongful Death Occurs

Constructing a strong wrongful death claim requires time to thoroughly proceed with the following. Beginning the wrongful death claims process as early as possible ensures:

• Crucial evidence is preserved  – Over time, physical evidence can deteriorate, be disposed of, or become difficult to locate.
• Thorough Investigation Conducted – Police reports, medical records, and available surveillance footage must be reviewed to establish fault. Delays can cause such key records to be lost or overwritten.
• Witness statements are secured – Memories fade, and witnesses may move away or become unavailable.
• Expert testimony is obtained – Doctors, forensic specialists, and accident reconstruction experts often require significant lead time to analyze the wrongful death case, conduct tests, and prepare written reports.
• Insurance Negotiations – Insurance companies often try to settle early, and for as little as possible. Prompt action indicates that the maximum compensation is being pursued. 

In Fresno, evidence preservation can be especially time-sensitive. Seasonal weather can destroy accident scenes, and busy regional courthouses handle many filings. Starting sooner rather than later helps ensure proper progression.

Exceptions to the Two-Year Rule

While two years is the standard for the statute of limitations in California, certain circumstances can shorten or extend the filing period.

The Discovery Rule

If the cause of death was not immediately learned, the statute of limitations may “pause” until the wrongful act is discovered. For example, the discovery rule applies if post-mortem tests reveal medical errors months after death. Then, the two-year filing period begins on the date of discovery, not the date of passing.

Medical Malpractice Cases

The wrongful death statute of limitations resulting from medical malpractice is either one year from the discovery of negligence or three years from the date of death, whichever comes first.

Wrongful Death Claims Against Government Entities

If a government agency or public employee, such as a Fresno County transit driver, is responsible for a fatal accident, the statute of limitations is reduced to just six months from the date of death. Failure to file within this timeframe will prevent any legal action against government entities.

Minors Filing for a Parent’s Death

When a minor loses a parent to wrongful death, the filing period in Fresno, CA is adjusted to protect the child’s interests. A minor has until two years after turning 18 to file a wrongful death lawsuit.

When an Accident Results in Injury, Then Death

When an accident initially results in injuries that later lead to death, the legal framework shifts from a personal injury claim to a wrongful death claim. In California wrongful death cases, two separate legal course of action may be taken:

• Survival Action (Personal Injury Claim): Filed by the estate, this wrongful death claim seeks compensation that the victim could have pursued for economic damages and non-economic damages.
• Wrongful Death Claim: Filed by surviving family members, this claim seeks compensation for their own losses, such as lost financial support, funeral expenses, and emotional distress.

To maximize compensation, a skilled Fresno wrongful death lawyer will manage all necessary legal actions.

What Is Considered a “Wrongful Death” Under California Law?

A “wrongful death” refers to when one person’s negligence causes another person’s death. When this occurs, the family members of the deceased person may seek justice on their behalf through a wrongful death claim. Common incidents that often result in an unexpected death include:

• Motor Vehicle Accidents: Fatal car accidents, whether on busy highways like Highway 99, residential streets, or near Fresno Yosemite International Airport, frequently lead to wrongful death lawsuits.
• Medical Malpractice Claims: Errors by doctors or hospitals, such as surgical mistakes or misdiagnoses, can result in a fatality.
• Workplace Accidents: Industrial accidents in Fresno’s agricultural or manufacturing sectors sometimes result in fatal workers’ compensation accidents.
• Premises Liability Accidents: Fatal slip-and-fall or premise liability accidents can occur on private or public property. Unsafe conditions like hazardous stairways, inadequate lighting, or unmarked dangers, such as the absence of wet floor signs, can contribute to incidents.

How to Prove a Wrongful Death

Like other civil cases, the four elements of negligence must be demonstrated to prove the validity of a wrongful death claim. 

1. Duty of Care: Show that the defendant owed a legal obligation to the deceased, like obeying traffic laws
2. Breach of Duty: Indicate how the defendant failed to uphold that duty through recklessness
3. Causation: Demonstrate a direct link between the defendant’s breach and the fatal injury
4. Damages: Quantify the losses suffered by surviving family members, like emotional pain and suffering and burial expenses

Each element demands a thorough investigation, which established personal injury law firms in Fresno County can provide. Experienced attorneys know local hospital systems, court procedures, and expert witnesses to build a persuasive case.

Who Can File a Wrongful Death Lawsuit in Fresno?

In California, the ability to file a wrongful death lawsuit is generally granted to family members who are considered to be the most impacted by the death. California law establishes a specific order of priority among family members for filing such a lawsuit, which includes:

• Decedent’s surviving spouses or domestic partners
• Decedent’s surviving children, including stepchildren who were financially dependent
• Grandchildren who received financial support from the deceased
• Other minors who relied on the deceased for at least half of their financial support
• Individuals who would inherit from the deceased under California law in the absence of a will

If no eligible heirs are available, another person entitled to the decedent’s property can file, provided they demonstrate entitlement under intestate succession rules.

Damages That Can Be Compensated in a Wrongful Death Claim

In wrongful death cases, family members can pursue maximum compensation for economic, non-economic, and punitive damages. These wrongful death damages aim to cover losses stemming from a loved one’s untimely death.

Economic Damages

These are quantifiable losses that can be substantiated through medical bills, receipts, and invoices.

• Medical expenses incurred before death (emergency care, hospitalization, surgeries)
• Funeral and burial expenses
• Lost income that the deceased would have contributed to family finances
• Loss of benefits such as health insurance or retirement funds
• Value of household services (childcare, home maintenance) the decedent provided

Non-Economic Damages

These are intangible losses, while difficult to prove, that significantly impact surviving family members.

• Emotional pain and suffering
• Loss of companionship and guidance
• Loss of parental care
• Loss of consortium or companionship

Punitive Damages

Intended to punish especially egregious conduct, like drinking and driving, these damages deter future wrongdoing. They are not awarded in survival actions, but may be available in a wrongful death lawsuit when a felony is involved.

The Wrongful Death Claims Process

Navigating a personal injury lawsuit–in general–is a complex legal process that would benefit from professional legal representation. An overview of the wrongful death claims process consists of the following stages.

1. Selecting an Administrator: The court designates a personal representative, frequently a spouse, to represent the deceased’s estate.
2. Submitting an Initial Complaint: A complaint is filed in Fresno County Superior Court, clearly stating the legal basis and parties involved.
3. Discovery: Both sides exchange documents, depose witnesses, and gather expert reports.
4. Settlement Negotiations: Many wrongful death claims resolve through negotiation or mediation, reaching a resolution instead of going to court.
5. Trial (if necessary): If negotiations fail, the case can proceed to trial before a judge or jury. Either side may appeal the outcome, but most wrongful death cases typically settle.

How a Fresno Wrongful Death Attorney Can Benefit Your Case

In Fresno, where community bonds run deep, a local attorney understands the cultural and economic factors that shape each family’s unique needs. A dedicated Fresno wrongful death lawyer provides the following benefits:

• Local Expertise – Knowledge of Fresno County court rules, judges, and clerks, ensuring filings meet strict local requirements.
• Thorough Investigation – Collaboration with medical experts, accident reconstructionists, and investigators to preserve perishable evidence
• Case Management – Vigilant tracking of statutes of limitations and administrative legal claim deadlines, preventing critical missteps
• Compassionate Advocacy – A focus on grieving families’ emotional well-being, providing clear explanations, regular updates, and empathetic support
• Maximized Financial Recovery – Skilled negotiation with insurance companies and, if necessary, aggressive representation at trial to recover compensation

An Experienced Wrongful Death Attorney Taking the First Steps Toward Justice

If you’ve lost a family member due to someone else’s negligence or wrongdoing, you don’t have to undergo the legal system alone. A dedicated wrongful death attorney in Fresno can shoulder the legal burden while you focus on what is most important: your recovery and honoring your loved one’s memory.

Contact a Fresno wrongful death attorney from Attorney Jeff Car Accident Lawyer to schedule a free consultation. Together, you can explore your legal options, understand the timeline that applies to your wrongful death case, and begin the process of rebuilding your family’s future.

Remember: California’s wrongful death statute of limitations is generally two years from the date of death, though exceptions exist. Contact us for guidance specific to your situation and to ensure timely filing.

After an accident, Jeff’s got you.