What exceptions can affect the filing deadline for a wrongful death claim in California?

Certain exceptions can affect the filing deadline, including: claims against a government entity (which may require a claim to be filed within 6 months), delayed discovery of the cause of death, cases involving minors, medical malpractice-related wrongful death claims, and situations involving fraud, concealment, or a defendant leaving the state.

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Q: Who can file a wrongful death claim in California?

In California, a wrongful death claim may be filed by individuals identified under Code of Civil Procedure § 377.60, including: the surviving spouse or registered domestic partner; the deceased person’s children; the deceased person’s grandchildren if the children are deceased; individuals who would inherit under California intestate succession laws (such as parents or siblings) when there is no surviving spouse, domestic partner, or children; a putative spouse who believed in good faith that the marriage was valid; children of a putative spouse; stepchildren who were financially dependent on the deceased person; and parents who were financially dependent on the deceased.

Q: Can only one wrongful death lawsuit be filed in California?

Yes. Only one wrongful death lawsuit may be filed in California, but it must include all eligible heirs or be brought on their behalf.

Fighting For Those Who Have Lost Loved Ones Due to Negligence in California

Losing a loved one is devastating, and when their death results from negligence, it’s even more painful. In Clovis, wrongful death claims can be complex, involving specific statutes under California’s Code of Civil Procedure Section 377.60, which dictate who can bring a claim and the damages available. As residents face unique challenges, such as navigating family relationships in the community, it is crucial to have knowledgeable legal support to present each case’s factual and emotional elements effectively. At Fowler | Helsel | Vogt, our wrongful death lawyers in Clovis are ready to fight for you and your family during this difficult time.

“Just tell us what happened—we’ll help from there.”

Jason Helsel Attorney / Partner

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Why Choose Fowler | Helsel | Vogt?

Clients choose us because:

Commitment to clients: Personalized attention ensures each family member feels heard and supported.
Proven track record: Our history of favorable settlements reinforces our dedication to achieving just outcomes.
Local insight: Extensive knowledge of Clovis’s legal system aids in crafting strong, locally relevant cases.

Our strong community presence helps us understand the unique needs and expectations of Clovis residents. This connection reinforces our dedication to advocating for grieving families, ensuring we utilize every available resource to alleviate their burdens while pursuing justice.

“We’ll help you make sense of what’s next.”

John Fowler Attorney / Partner

Straight answers, not legal jargon
Help dealing with insurance headaches
Regular updates—never left wondering
A team that treats you like a person.

Who Can File a Wrongful Death Claim?

In California, a wrongful death claim may be filed by specific individuals identified under state law (Code of Civil Procedure § 377.60). Those who may be eligible include:

The surviving spouse or registered domestic partner
The deceased person’s children
The deceased person’s grandchildren, if the children are deceased
Individuals who would inherit under California intestate succession laws, such as parents or siblings, when there is no surviving spouse, domestic partner, or children
A putative spouse who believed in good faith that the marriage was valid
Children of a putative spouse
Stepchildren who were financially dependent on the deceased person
Parents who were financially dependent on the deceased

Only one wrongful death lawsuit may be filed in California, but it must include all eligible heirs or be brought on their behalf.

“We’re here when things feel overwhelming.”

Fowler | Helsel | Vogt Attorneys

No pressure—just honest guidance
We take the time to get it right
We fight for what’s fair, not quick
We stay with you from start to finish

What is the Statute of Limitations For a Wrongful Death Claim in California?

In California, the statute of limitations for most wrongful death claims is typically 2 years from the date of death. This means surviving family members typically must file a lawsuit within two years, or they may lose the right to pursue compensation.

However, certain exceptions can affect the filing deadline, including:

Claims against a government entity, which may require a claim to be filed within 6 months
Delayed discovery of the cause of death
Cases involving minors
Medical malpractice-related wrongful death claims
Situations involving fraud, concealment, or a defendant leaving the state

Because missing the deadline can prevent a family from recovering damages, it is important to speak with a wrongful death attorney as soon as possible to determine the exact filing deadline in your case.

“Start with a real conversation. We’ll take this on with you.”

Mark Vogt Attorney / Partner

We handle the paperwork & phone calls
We explain everything in plain language
We move things forward while you recover
We’re easy to reach when you need us

Fowler | Helsel | Vogt

We can't change what happened to you or take away your pain, but we promise to fight relentlessly for your justice. Talk to an attorney today and learn about our no-fee guarantee.