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Statute of limitations for wrongful death in California

California uses the same two-year statute for wrongful-death actions that it uses for personal-injury claims. The clock generally runs from the date of death, not necessarily the date of the underlying injury, and public-entity defendants can trigger a much shorter government-claim presentation deadline.

SoL period
2 years
From the date the cause of action accrues

Compute your deadline

Filing deadline

Where this rule comes from

Statute
Cal. Code Civ. Proc. § 335.1
"Within two years: injury to, or death of, an individual caused by wrongful act or neglect."
Read the full statute Last verified May 7, 2026 by Juryvine Editorial

What can extend or pause this clock

Government Tort Claims Act. If a California public entity is the defendant, a pre-suit government claim is usually due within six months under the Government Claims Act. Pre-suit administrative claim deadline: 180 days.

Frequently asked

What is the statute of limitations for wrongful death in California?
2 years from the date the cause of action accrues. Authority: Cal. Code Civ. Proc. § 335.1.
What if the defendant is a government agency?
If a California public entity is the defendant, a pre-suit government claim is usually due within six months under the Government Claims Act.

Wrongful Death statute by state

Other California statutes of limitations

Not legal advice. Statutes of limitations are governed by complex doctrine with many exceptions. Use this page as a starting point and verify with an attorney before relying on any deadline. Juryvine is not a law firm and does not represent clients.