What is the statute of limitations for a wrongful death action?

California, United States of America


The following excerpt is from Kincaid v. Kincaid, 127 Cal.Rptr.3d 863, 197 Cal.App.4th 75 (Cal. App. 2011):

Code of Civil Procedure section 335.1 provides: "Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another." A cause of action for wrongful death is an entirely new and independent cause of action created in the heirs or personal representatives of the deceased, distinct from any action the deceased might have maintained if he or she had survived. (See Fitch v. Select Products Co. (2005) 36 Cal.4th 812, 819, 31 Cal.Rptr.3d 591, 115 P.3d 1233.) Accordingly, the statute of limitations on a wrongful death action begins to run at the time of death, and not at the time of injury which caused

[197 Cal.App.4th 81]

the death, for it is only on the date of death that the action is complete in all of its elements. (Norgart v. Upjohn Co. (1999) 21 Cal.4th 383, 404, 87 Cal.Rptr.2d 453, 981 P.2d 79.)

Other Questions


Does the statute of limitations applicable to this cause of action, the Government Tort Claims Act, preclude a plaintiff from bringing an action against a governmental entity within the applicable statute of limitation? (California, United States of America)
What are some counts for wrongful death in a wrongful death action brought by a plaintiff against her deceased mother? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What is the applicable statute of limitations for wrongful death actions? (California, United States of America)
Is a wrongful death action timely filed and barred by the statute of limitations? (California, United States of America)
Does section 360.5 of the California Statute of limitations bar a plaintiff from bringing a claim against the statute of limitations? (California, United States of America)
Does the statute of limitation in a personal injury action against an attorney extend beyond the date of action against the attorney? (California, United States of America)
In a wrongful attachment action for damages for economic loss sustained as a result of wrongful attachment, what are the costs incurred in defending the underlying action? (California, United States of America)
What is the statute of limitations for a wrongful discharge action? (California, United States of America)
What is the limitation period for a cause of action for wrongful death against a health care provider based upon professional negligence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.