San Jose Wrongful Death Statute of Limitations
Grief Takes Time. The Filing Deadline Doesn't Wait.
California gives families a limited window to bring a wrongful death claim, and some deadlines are much shorter than others. Our San Jose wrongful death attorneys track every one of them, so your family can grieve without worrying about a date on a calendar.
$75+ million
recovered for injured clients
800+ five-star reviews
on Google and Yelp
No fee
unless we win
Available 24/7
Hablamos español · 한국어 상담 가능
Two Years Can Pass More Quickly Than You Expect
In the months after losing someone, a legal deadline is the last thing on a family’s mind. That’s understandable, and it’s exactly why the statute of limitations is one of the most common pitfalls in wrongful death cases.
The statute of limitations is the time limit for filing a lawsuit. In California, a wrongful death lawsuit generally must be filed within two years from the date of death. The deadline exists so cases aren’t brought many years after the fact. If it passes, a court will likely refuse to hear the case, no matter how clear the other side’s fault.
Your family’s deadline may be different if:
A government entity or public employee was involved
The death resulted from medical malpractice
A surviving child was a minor when the parent died
The family didn't know about the death, and had no reasonable way to find out
We can work out which deadline applies to your family and make sure it’s met, while you focus on each other. The consultation is free, and you pay nothing unless we win.
How to Protect Your Family's Deadline
Write down the key dates.
The date of the accident and the date of death may be different; both can matter.
Find out whether a public agency was involved.
A city vehicle, a public bus, or a dangerous public road can trigger a claim deadline of just six months.
Keep the official records together.
The police or accident report, death certificate, and coroner’s findings help establish when the claim began.
Don't wait on the criminal case.
If the driver has been charged, that case runs on its own timeline. Your family’s deadline keeps running regardless.
Be careful with insurer "extensions".
An adjuster’s promise to keep talking doesn’t stop the statute of limitations. Only filing, or a valid legal exception, does.
Talk to a lawyer early, even if you aren't ready to decide.
An early conversation costs nothing and keeps every option open.
What Your Family Protects by Filing on Time
Your family's wrongful death claim
Compensation for the financial support your loved one provided, funeral and burial expenses, and the loss of their love, companionship, care, and guidance.
The estate's survival action
A separate claim for losses your loved one suffered before they passed, such as medical expenses, lost wages, and property damage. It has its own timing rules, which we track alongside yours.
Claims against every responsible party
A driver, their employer, or a public agency may each carry different deadlines. Missing one can close off a source of recovery.
Your leverage with the insurer
An adjuster knows when a deadline is close. A case that’s ready to file on time is a case they have to take seriously.
How We Manage the Deadline for Your Family
Calculating a wrongful death deadline can be complicated. The standard two-year rule is the starting point, but the details of your case can shorten it or, in limited situations, extend it.
When your family calls, we confirm the dates, identify every potentially responsible party, and check whether a government entity, a medical provider, or a minor child changes the timeline. Then we set our own internal deadlines well ahead of the legal ones, so evidence gathering and negotiations never put your family’s rights at risk.
Filing early also helps the case itself. Witnesses are easier to find, video footage hasn’t been overwritten, and the physical evidence is still intact. We preserve that evidence right away, and if the insurer won’t pay a fair amount, we file suit on time and prepare the case for trial.
California Wrongful Death Deadlines at a Glance
The general rule: two years
Most wrongful death lawsuits must be filed within two years of the date of death.
Government claims: six months
A claim involving a city, county, state agency, or public employee can require a formal claim within just six months, long before the lawsuit deadline.
Medical malpractice: different rules
When a death results from medical negligence, such as a misdiagnosis or a surgical error, separate time limits apply, based on when the negligence happened and when it was discovered. These can be shorter than two years in practice.
Tolling: when the clock may pause
In limited situations, the deadline can be paused (“tolled”). A child who loses a parent may have additional time after turning 18, and the deadline may be delayed when a family didn’t know, and couldn’t reasonably have discovered, that their loved one had died. These exceptions are narrow; don’t rely on one without advice.
What Our Clients Say
I honestly recommend contacting the firm and working with Jimin. She was direct, very efficient, and professional. My case moved fast and to our favor. Jimin and her team were…
Ngan T.
Jimin from the start was very professional and accommodating. She came out to east bay to meet with me. We met once, she ask for the background of the incident…
Ethan Vu
She helped our family through the most difficult times we had ever gone through. When I wanted to give up she pushed us and encouraged us to keep fighting. When…
Beth S.
Wrongful Death Deadline FAQs
How long do we have to file a wrongful death lawsuit in California?
Generally two years from the date of death. Other deadlines, such as the six-month claim deadline for government entities, can be much shorter.
When does the two-year clock start?
Usually on the date your loved one passed away, not the date of the accident, if those are different.
What happens if we miss the deadline?
A court will likely dismiss the case as time-barred, and your family may lose the right to recover anything. That’s why it’s worth calling early, even before you’re ready to decide.
Is the deadline different if a government vehicle or road was involved?
Yes. A claim against a public entity can require a formal claim within six months. Call right away if a city vehicle, public bus, or public road may have played a role.
Is the deadline different for medical malpractice deaths?
Yes. Separate time limits apply to deaths caused by medical negligence, and they depend on when the negligence happened and when it was discovered. Talk to a lawyer promptly.
Our children were minors when their parent died. Do they have more time?
Possibly. In some cases, a minor may have extra time after turning 18. The rules are complex, and waiting can risk other family members’ claims, so it’s best to get advice now.
Does the criminal case pause our deadline?
Don’t count on it. The civil claim and the criminal case are separate, and your family’s deadline generally keeps running while the criminal case proceeds.
What does a consultation cost?
Nothing. The consultation is free and private, and if we take your case you pay nothing unless we recover for your family.
Get Your Free, Confidential Case Review, 24/7
A short conversation now can protect your family’s rights for years to come. Call when you’re ready, or send the form; we respond 24/7, in English, Spanish, or Korean. Your consultation is free and private, with no pressure to decide anything on the call. No fee unless we win.
Call (408) 256-2871Free Case Review
Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126
Hablamos español · 한국어 상담 가능
