When you’ve lost a loved one or suffered a serious injury in California, the law gives you the right to pursue justice. But there’s a catch: you only have a limited amount of time to take legal action. This time limit is called the statute of limitations.

Miss the deadline, and your case could be dismissed, no matter how strong it is. That’s why it’s so important to know the difference between wrongful death and personal injury deadlines in California. Let’s break it down in clear, simple terms.

What Is a Statute of Limitations?

The statute of limitations is a legal deadline that tells you how long you have to file a lawsuit. The purpose is to make sure cases are brought while the evidence is still fresh, witnesses are available, and facts can be verified.

Think of it as a clock that starts ticking the day the injury or death happens (though there are some exceptions we’ll talk about later).

If you file after the deadline, the court will almost always dismiss your case, even if the defendant was clearly at fault.

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California’s Statute of Limitations for Personal Injury

In California, most personal injury claims must be filed within:

• Two years from the date of the injury.
• 6 month statute of limitations for lawsuits against government entities.
  
  

This applies to cases like:

• Car accidents
  
  
• Slip and falls
  
  
• Dog bites
  
  
• Trucking, motorcycle, or pedestrian accidents
  
  
• Negligence leading to injury
  
  

Example

If you were injured in a car crash on January 1, 2025, you generally have until January 1, 2027 to file your lawsuit.

But if you miss that deadline, you lose your right to sue forever.

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California’s Statute of Limitations for Wrongful Death

Wrongful death cases are treated differently because they involve the death of a loved one caused by someone else’s negligence.

The rule:

• Two years from the date of the person’s death.
  
  

This means if your loved one passed away due to a negligent accident on March 1, 2025, your family has until March 1, 2027 to file a wrongful death lawsuit.

Who Can File a Wrongful Death Lawsuit?

California law allows certain surviving family members to file, including:

• A spouse or domestic partner
  
  
• Children of the deceased
  
  
• Parents, if there are no surviving children
  
  
• Other dependents who relied on the deceased for financial support
  
  

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Key Differences Between Personal Injury and Wrongful Death Deadlines

While both personal injury and wrongful death cases have a two-year statute of limitations, the main difference is when the clock starts ticking:

• Personal injury → from the date of the accident or injury.
  
  
• Wrongful death → from the date of death.
  
  

This distinction matters because sometimes an injury doesn’t immediately lead to death. For example, if someone is severely injured in a crash and passes away weeks later, the wrongful death deadline starts on the date of death, not the accident.

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Special Exceptions and Shorter Deadlines

California law does have exceptions where the statute of limitations may be longer or shorter:

1. Claims against government entities
   
   
   
   • If the injury or death involves a government agency (like a school bus accident or a public hospital), you must file a government claim within 6 months.
   • If the claim is denied, you then have only 6 months from the denial date to file a lawsuit.
     
     
2. Medical malpractice cases
   
   
   
   • You have 3 years from the date of injury or 1 year from the date you discovered (or should have discovered) the injury, whichever comes first.
     
     
3. Injuries to minors
   
   
   
   • If a child is injured, the statute of limitations may be extended until they turn 18, with some exceptions.
     
     
4. Delayed discovery rule
   
   
   
   • In certain cases, the clock doesn’t start until you discover (or reasonably should have discovered) the injury. For example, toxic exposure cases where symptoms appear years later.
     
     

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Why Acting Quickly Matters

Even though you technically have two years, waiting too long can hurt your case. Here’s why:

• Evidence fades – Surveillance footage can be erased, accident scenes cleaned up, or unsafe conditions fixed.
  
  
• Witnesses forget – Memories fade quickly, and key witnesses may move or become unavailable.
  
  
• Insurance tactics – The other side’s insurance company may delay on purpose, hoping you’ll miss the deadline.
  
  

The sooner you involve an attorney, the stronger your case will be.

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Real-World Example

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What Damages Can Be Recovered?

Both wrongful death and personal injury lawsuits are designed to help families recover financially and emotionally. Compensation may include:

Personal Injury

• Medical expenses (past and future)
  
  
• Lost wages or reduced earning capacity
  
  
• Pain and suffering
  
  
• Rehabilitation and therapy
  
  

Wrongful Death

• Funeral and burial expenses
  
  
• Loss of financial support
  
  
• Loss of companionship, guidance, and care
  
  
• Loss of consortium: especially for spouses or domestic partners, this includes the loss of marital relationship benefits. Its important to note that this is only applicable for legally married spouses.  

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Final Thoughts

Statutes of limitations may sound like dry legal rules, but in reality, they decide whether families get justice or walk away with nothing. In California, both wrongful death and personal injury lawsuits generally have a two-year deadline, but the starting point and exceptions matter.

Don’t wait until the clock runs out. If you’ve lost a loved one or been injured, talk to an experienced attorney as soon as possible.

📞 Contact Esther The Lawyer today at (323) 609-5000 or email info@estradalawgroup.com. We fight for families. We fight for justice.

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