San Mateo Wrongful Death Statute of Limitations
You Need Time to Grieve. Let Us Keep Watch on the Clock.
California limits how long a family has to bring a wrongful death claim, and a claim against a government agency has a far shorter window. Our wrongful death attorneys work out which deadline applies to your San Mateo family’s case and make sure it’s met.
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A Missed Deadline Can Close the Door for Good
We’re sorry for your loss. Whether your loved one died because of someone’s carelessness or a senseless act of violence, the weeks afterward are filled with arrangements, paperwork, and grief. A court filing deadline is easy to lose track of, and that’s exactly the danger.
The loss also brings practical pressure. If your loved one was the family’s main provider, the household is managing on less, while final medical bills and funeral costs still have to be paid. A wrongful death claim can help, but only if it’s brought in time. Once the deadline passes, a court will generally refuse to hear the claim, however clear the other side’s fault.
A few facts decide how much time your family has:
The date your loved one died, which may be later than the date of the accident
Whether a city, county, school, or other public agency may share responsibility
Whether an exception applies that delays or pauses the deadline
We can sort through those facts with you in a single conversation. The consultation is free and confidential, and you pay nothing unless we win.
Protecting Your Family's Right to File
Note the date of death, and the date of the injury.
When someone lives for a time after an accident, the two dates differ, and both can matter to the deadlines.
Ask whether a public vehicle or property was involved.
A city truck, a public bus, or an accident on school grounds can start a six-month claim deadline.
Collect the official paperwork.
The death certificate, the police or incident report, and any coroner’s findings help confirm the key dates.
Keep talking to insurers to a minimum.
Settlement discussions don’t pause the legal deadline. A claim that isn’t settled in time still has to be filed.
Don't assume an exception will save the claim.
Rules that delay or pause the deadline are narrow and depend on the facts.
Call early, even if you aren't ready to decide.
A conversation now costs nothing and leaves every option open.
What's at Stake When the Deadline Is Met
Final medical and funeral costs
The bills that arrive after a death, which a timely claim can recover.
The support your loved one provided
The income a family depended on, especially when the person who died was the main provider.
The loss of the relationship
Compensation for the love, companionship, care, and guidance your family has lost.
A claim against every responsible party
A driver, a business, and a public agency can each carry a different deadline. Meeting all of them keeps every source of recovery open.
How We Keep Your Claim on Schedule
Every case starts with dates. We confirm when your loved one was injured and when they died, identify everyone who may share responsibility, and check whether a public agency is involved, because that changes the timeline. If an exception could extend your family’s time, we look at whether it truly applies rather than relying on it.
Then we work to our own deadlines, set well ahead of the legal ones. That leaves room to investigate, gather records, and negotiate without ever putting your family’s claim at risk.
Acting early helps the case as well as the deadline. Witnesses are easier to reach, video footage hasn’t been erased, and physical evidence is still available. If the insurer won’t offer a fair amount, we file on time and prepare the case for trial.
California Wrongful Death Deadlines Explained
Two years from the date of death
Under California law, families generally have two years from the date their loved one died to file a wrongful death lawsuit. Filing after that date will generally bar the claim.
Six months for a government claim
When a public entity may be responsible, such as a crash involving a city vehicle or a fatal accident on school property, the family generally must present a formal claim within six months.
Delayed discovery
Sometimes a person is injured and lives for months or years before dying, and the link between the injury and the death isn’t clear right away. In some cases the deadline may not begin until that connection is discovered, or reasonably should have been.
Tolling
In limited situations, the court may pause, or “toll”, the deadline, for example when a defendant is out of state. Tolling is never guaranteed, and it works differently for claims against government agencies. Get advice before relying on it.
What Our Clients Say
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San Mateo Wrongful Death Deadline FAQs
What is the statute of limitations for wrongful death in California?
Generally two years from the date of death. A claim involving a government entity usually requires a formal claim within six months.
Our loved one died weeks after the accident. Which date counts?
Generally the date of death starts the two-year wrongful death deadline. Other deadlines, such as a survival action for the estate or a government claim, may be measured differently, so call early.
What if we didn't realize the accident caused the death until later?
The delayed discovery rule may push back the start of the deadline in some cases, when the connection between the injury and the death wasn’t apparent. It depends heavily on the facts, so don’t wait to find out.
What counts as a claim against the government?
A claim against a city, county, state agency, school district, or public employee on the job, such as a crash with a city vehicle or a deadly accident on school property.
Can the deadline be extended?
Sometimes. Courts can pause, or toll, the deadline in limited situations, such as when a defendant has been out of state. It is never guaranteed.
Does an insurance company's settlement offer stop the clock?
No. Negotiations don’t pause the statute of limitations. If the claim doesn’t settle in time, it has to be filed.
What happens if we miss the deadline?
The court will generally dismiss the case, and your family may lose the right to recover. That’s why we recommend talking to a lawyer early.
What does a consultation cost?
Nothing. The consultation is free and confidential, and if we take your case, you pay nothing unless we recover for your family.
Get Your Free, Confidential Case Review, 24/7
One conversation can tell your family exactly how much time you have. Call or send the form; we respond 24/7, in English, Spanish, or Korean. Your consultation is free and confidential, 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
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