California Wrongful Death Deadlines: What Families Need to Know

A fatal collision on a Los Angeles County road, an incident near a Hollywood worksite, or a death involving public property can bring more than grief: families may face different legal clocks. This guide is for relatives and other potential heirs trying to understand the California wrongful-death filing framework. It explains the general two-year deadline, the shorter public-entity claim period, and what may happen after a claim is rejected. It does not assume that every family member or every cause of death follows the same process.

The general deadline runs from the date of death

California generally gives two years from the date of death to bring a wrongful-death action under Code of Civil Procedure § 335.1. The relevant date is the death date, not a date the family chooses based on when an investigation ended or when everyone understood the cause. Preserve documentation showing the date and obtain advice promptly if the incident or responsibility is still being investigated.

A family may be focused on funeral arrangements, medical records, or an insurance investigation during this period. Those tasks do not automatically pause the civil deadline described in § 335.1. Write the death date in a shared calendar and have someone responsible for tracking it, while keeping a copy of the source document.

The two-year period is a general rule, not permission to wait until the last month. Witnesses may become harder to locate and records may not remain available. Early review can identify potentially responsible parties, whether special rules apply, and the information needed to determine who may bring the action.

Public entities have an earlier claim step

If a public entity caused the death, a written claim generally must be presented within six months from the date of death under Government Code § 911.2(a). The verified examples include a city, county, Metro or LA Metro, LAUSD, Caltrans, and the State of California. This claim-presentation step is separate from simply filing a civil lawsuit.

Do not assume that a conversation with an agency, a police report, an insurance notice, or a request for information is the written claim required by the statute. The supplied facts do not provide individual agency addresses, forms, or accepted delivery methods, so those details must be confirmed with the responsible entity before filing. Identify every potentially involved public body and verify the applicable procedure.

Because the deadline is measured from death, an investigation into exactly which public body controlled a location should begin promptly. Preserve photographs, incident details, and agency correspondence, and record when each communication was sent and received. Do not wait to resolve every factual question before asking how to protect a possible claim.

What happens after a public-entity claim is presented

If the public entity rejects a claim in writing, a lawsuit generally must be filed within six months after the rejection notice under Government Code § 945.6(a)(1). Keep the complete rejection letter, including its envelope or delivery information, and record the date it was received. A short response period can be easy to miss among family and insurance correspondence.

If no written rejection was ever sent, the general period identified in the verified facts is two years under Government Code § 945.6(a)(2). Do not assume that silence means the claim was accepted, that all requirements are complete, or that there is no deadline. The facts differ depending on whether a written rejection exists and when it was sent.

Use a separate calendar entry for the original presentation deadline and any later notice-based date. Have a lawyer review the claim history before relying on a deadline calculation. If a rejection arrives, forward the whole notice promptly rather than paraphrasing it, because the date and wording can matter.

What if the six-month public claim period has passed

Government Code § 911.4 permits a late-claim application within a reasonable time, but not later than one year. That is a limited application process, not an automatic extension or a promise that a late claim will be accepted. The reasonable-time requirement also means that waiting without action after discovering a missed deadline can create additional problems.

If the six-month date may have passed, preserve the timeline showing when the family learned of the death, the potential public-entity connection, and the reason the regular claim was not presented. Contact a qualified lawyer quickly to assess whether an application is available. Do not send an informal letter and assume it satisfies the statutory application requirements.

The supplied facts do not identify the required contents or decision process for an application, so this guide does not invent them. A reviewer should consult the actual statutory procedure and the particular entity’s verified instructions. At the same time, evaluate any separate claim against a non-public party under its own deadline.

Separate public and private defendants and calendars

A fatal event may involve more than one potential defendant. For example, there may be a private driver and a public entity, or a private property owner and a public body. The presence of one public entity does not eliminate the need to identify all other parties, and a public-entity claim does not necessarily protect a separate civil claim against a private defendant.

For a private-party wrongful-death action, the general period is two years from death under Code of Civil Procedure § 335.1. For a public entity, Government Code § 911.2(a) generally requires a written claim within six months, followed by the rejection-related periods in § 945.6. Keep the deadlines in separate rows with the party and statutory basis stated next to each.

If more than one party may share fault, California Civil Code § 1431.2 applies in wrongful-death cases with multiple defendants based on comparative fault: non-economic damages are several according to fault, while economic damages remain joint and several. That allocation issue does not change the need to present a timely public claim or file suit within the applicable period.

First steps to protect the family’s position

Designate one person to gather key dates and another to preserve documents if the family can do so. Record the death date, incident date if different, names of all potential parties, and every notice or claim communication. Keep the original letters and proof of delivery. Do not rely only on an insurer’s assurance that a matter is being handled; confirm which legal claim has actually been presented or filed.

• Calendar two years. Mark the general date from death under Code of Civil Procedure § 335.1.
• Screen for public entities immediately. Government Code § 911.2(a) generally requires presentation within six months from death.
• Preserve rejection notices. Government Code § 945.6(a)(1) generally gives six months from written rejection to sue.
• Act if late. Government Code § 911.4 allows a late-claim application within a reasonable time, no later than one year.

These are general rules from the verified facts. A careful review should identify the claimant, defendant, event date, claim history, and any issue that affects a specific filing period.

Use the same discipline if more than one possible defendant is involved. A private driver, a property owner, and a public entity can be subject to different procedural steps, so list each entity, the evidence connecting it to the event, and the status of any claim communication. Keep copies of letters, envelopes, delivery confirmations, and responses. The goal is to prove what was sent and when, not to infer that a claim was accepted from an informal conversation.

When a written rejection arrives, preserve the entire notice and mark the date it was received. Government Code § 945.6(a)(1) generally ties the lawsuit deadline to the rejection notice, while § 945.6(a)(2) addresses situations in which no written rejection was sent. A family should not choose between these rules from memory; have the actual claim file reviewed.

Calendar reminders should be shared with the person coordinating the legal matter, but do not circulate sensitive documents broadly. Keep one secure record set and an index. This makes it easier to hand the matter to counsel without losing the distinction between the original incident, a public-entity claim, and a later civil filing.

Keep claim correspondence in date order, including envelopes and proof of electronic submission when available. If an agency says it did not receive a claim, the records can help identify what was transmitted, to which entity, and on what date. That is especially important when the original six-month period is close or an application under Government Code § 911.4 may need to be evaluated. A communication log does not establish acceptance, but an accurate record allows counsel to address the actual issue instead of reconstructing it from memory. Do not discard a notice because it appears routine or because an insurer says it is only informational.

Los Angeles County context

The firm’s address is 6253 Hollywood Blvd Suite 205, Los Angeles, CA 90028. A death in Los Angeles County may involve a city, county, Metro or LA Metro, LAUSD, Caltrans, or another party; identify the agency by its actual role rather than assuming it controlled the scene. The firm’s general venue statement says most personal-injury cases arising in Los Angeles County are Los Angeles County Superior Court; the exact courthouse assignment should be confirmed for each case. for the wrongful-death action and verify the public entity’s claim procedure before sending a claim.