The wrongful death of your loved ones due to the negligence or misconduct of others could alter your life. From the mental stress to the financial tension, wrongful death shocks anyone. And to recover the financial loss, you can file a compensation claim. But for this, you must know the wrongful death statute of limitations. 

The statute of limitations for a wrongful death claim refers to the time you have to file the lawsuit. In most US states, including California, the SOL for wrongful death is two to three years, with a few exceptions for minors, frauds, etc.  

The states have strict rules about who can file wrongful death lawsuits. It includes spouses, children, parents, etc. 

What Is a Wrongful Death Claim? 

A wrongful death claim is a civil action, unlike standard criminal proceedings. You can bring wrongful death claims for negligence, recklessness, or an intentional act, causing the death of another person. So, you can file the claim against the at-fault party for financial recovery. It doesn’t involve any criminal proceedings or punishment. 

A few examples of wrongful death incidents include:

• A negligent driver causing accidents that resulted in the death 
• Medical malpractice, where a doctor’s error leads to death.
• Workplace accidents due to unsafe conditions.
• Defective products causing the death of the person 

One of the most famous wrongful death claims in the US includes Michael Jackson’s Family v. AEG Live. After the death of the “King of Pop”, MJ’s family sued the concert promoter. They claimed that AEG Live was negligent in hiring and monitoring the doctor for MJ’s health. However, the jury found AEG Live wasn’t liable. 

What Is The Statute of Limitations For Wrongful Death?

A Statute of Limitations for wrongful death refers to the maximum time you have to file the claim after the death of your loved one. The statute of limitations is the deadline within which you must submit the claim, or you lose the right to proceed with further actions. 

For a wrongful death claim, this deadline starts from the death of the person. If you file the lawsuit even one day after the SOL expires, your case will most likely be dismissed. The deadline applies regardless of the evidence and your reasons to file it late. 

1. Ensure Fairness to Defendants: It ensures fairness. So, the defendants won’t face a constant and indefinite threat of the lawsuit. 
2. Guarantee Evidence Freshness: Deadlines ensure that the claimant takes timely action. It also ensures that the evidence and witnesses are fresh. So, it becomes easy for the jury to analyze them and give the right verdict. 
3. Promote Judicial Efficiency: Through the SOL, you accept prompt resolution. Also, it saves courts from stalemate situations due to older claims.

Nonetheless, the statute of limitations for wrongful death claims isn’t a federal law. It varies from state to state. The statute of limitations is two years in most states, including California, Texas, New York, Ohio, etc. The deadline starts from the date of death. 

However, Louisiana and Tennessee mandate a one-year filing period for wrongful death lawsuits. It ensures near-immediate legal consultation. On the other hand, Washington and Michigan generally allow three years to file a wrongful death claim. 

What Is the Purpose of the Statute of Limitations Wrongful Death?

Wrongful death laws address the financial and emotional void that a decedent leaves when he passes away. They permit eligible survivors to file a claim to recover damages within the deadline. These damages include:

Who Can File A Wrongful Death Claim? 

Besides the wrongful death lawsuit statute of limitations, you must also understand who can file the lawsuit claim. Every state has strict guidelines on who can file the lawsuit as a primary or secondary beneficiary. It includes:

• Estate Representative: The court-appointed executor or administrator can file the wrongful death lawsuit on behalf of all beneficiaries.
• Surviving Spouse/Partner: The married husband or wife can file the claim. It further includes a legally recognized domestic or civil partner.
• Children/Descendants: The biological, adopted children, and even grandchildren can file the compensation claim.  
• Parents/Guardians: The mother and father can claim the compensation, especially if the deceased was a minor. Also, if the dead person doesn’t have a surviving spouse or children, his parents can file the lawsuit. 
• Financial Dependents: If any person is financially dependent on the dead person, they can claim the compensation too. It applies regardless of the relationship. The claimant must prove their financial dependency on the deceased. 

When Does the Wrongful Death Lawsuit Statute of Limitations Begin?

Many people are confused about when the deadline for the statute of limitations begins. Does it start from the injury date, the discovery date, or when the person died? 

Generally, the SOL clock begins on the date of the decedent’s death. It is a clear, easily identifiable starting point for the deadline. For instance, suppose someone experienced a wrongful death on July 15, 2000. So, his beneficiaries have two years of statute of limitations. So, it ended on July 15, 2022. For three years of SOL, it would be July 15, 2023. 

However, this rule is not universal and varies state-wise. Also, there are a few exceptions to the statute of limitations, including minors, fraudulent claims, and discovery time. 

State-by-State Variations in Wrongful Death Statutes of Limitations 

We have already mentioned that the deadline for statute of limitations is a state law. So, it varies from one state to another in the US. Most states follow the 2-year deadline for wrongful death lawsuit payout claims. In some states, it is as low as 1 year and as high as 3 years. 

State Statute of Limitations 

Critical Exceptions for The Wrongful Death Statute of Limitations 

Although the general statute of limitations for wrongful death claims is 1 to 3 years, there are a few exceptions. The jury or court may temporarily pause or delay the legal process. It is known as “Tolling.” The tolling preserves a plaintiff’s right to sue when they failed to file the case within the deadline for reasonable causes.  

The Discovery Rule

The Discovery Rule is essential for cases of medical malpractice, occupational disease, or toxic exposure. In such cases, the link between the cause of the death and the use of the product isn’t visible immediately. It takes months, even years, to find the actual cause of the death from medical malpractice or product defects. 

Under this rule, the SOL clock begins only when the plaintiff discovers the cause of death was a wrongful act. And it was committed by the defendant, knowingly or unknowingly.  For example, a patient dies. Then, months later, an autopsy reveals a hidden surgical tool caused the death. So, the SOL might start on the date the tool was discovered, not the date of death. 

For instance, in the recent Johnson & Johnson talc powder lawsuit, many cases were found after the death of the users. Some users even died a few years ago, but the court accepted the claim from their plaintiff. 

Plaintiff is a Minor (Minority Tolling)

Minority tolling is a common cause of delaying the statute of limitations. If the primary beneficiary of the wrongful death claim is a child, the SOL will wait until he becomes an adult. In all states, the SOL is paused, or “tolled,” until the minor beneficiary reaches the age of majority. It is usually age 18. 

The minority tolling recognizes that a minor lacks the legal capacity to file a lawsuit.  Also, others could influence the minor’s decision. When the minor becomes an adult, he typically has the full statutory period to file the claim. It is mostly 2 years from their 18th birthday. 

Fraudulent Concealment

Many times, the defendant attempts to manipulate the legal process. They also hide their misconduct. So, the court allows an extended statute of limitations for wrongful death if the at-fault party actively and intentionally hid evidence. 

It applies when the defendant fraudulently conceals their wrongdoing. The law recognizes that such concealment can prevent the plaintiffs from discovering the cause of death. Also, they may fail to identify the wrongdoer. In such cases, the jury or court extends the SOL until the claimant discovers the concealment. The rationale is to prevent a wrongdoer from benefiting from their deception

Defendant’s Absence (Out-of-State Defendant)

At times, the defendant may be out of the state when the death occurred. So, in most states, the SOL clock is tolled until the defendant returns to the state. It also applies to them till they can be legally served with the lawsuit papers. Thus, the defendant can’t leave the state and escape their liability. 

Claims Against Government Entities (Sovereign Immunity)

Claims against a public entity, such as a city hospital, a state employee, or a government transit agency, have a shorter deadline for statute of limitations for personal injury claims and wrongful death claims. 

According to this law, the plaintiff must first file a formal “Notice of Claim” within 6 months or 90 days from the date of death. Failure to file this preliminary notice on time can bar the lawsuit entirely. The bar applies even if the general wrongful death SOL has not expired.

Intentional Torts (e.g., Homicide)

Some wrongful deaths are a direct result of a criminal offence of the defendant, not simple negligence. Some states may provide a longer SOL for a wrongful death due to criminal acts. It includes homicide. Also, the defendant could be sued for a criminal lawsuit. 

Medical Malpractice vs. Ordinary Negligence

In many jurisdictions, claims against healthcare providers have different legislative rules. The statute of limitations for wrongful death from medical malpractice is different from regular negligence. 

So, medical malpractice or healthcare product liability has an outer boundary. It prevents lawsuits from being filed after a procedure. It applies even if the Discovery Rule would otherwise apply, and usually for 10 years. 

FAQs About The Details of The Wrongful Death Statute of Limitations You Must Know

Is there a statute of limitations on wrongful death?

Yes, every state, including California, has a legal statute of limitations for filing a wrongful death lawsuit. The deadline is generally one to three years.

What happens if I miss the deadline?

When you miss the deadline for the SOL, you will miss the chance to file a lawsuit. The court will almost certainly dismiss your case as “time-barred.” So, you will permanently lose your right to seek compensation and sue the defendant party. 

What is “tolling”?

Tolling is the temporary suspension or pausing of the statute of limitations. The jury or court applies the tolling under specific legal circumstances. The tolling includes minors, the discovery rule, and if the defendant is out of the state. 

Conclusion 

The wrongful death statute of limitations is a barrier to recovering damages for the loss of a loved one. The statute of limitations is one to three years. It starts from the date of death, with exceptions for the Discovery Rule for hidden injuries. 

Plus, there is minority tolling for child beneficiaries. Thus, you must follow the statute of limitations for wrongful death. You should hire a wrongful death attorney soon and file the claim when the evidence and witnesses are fresh.