When must a wrongful death or survival action be brought?
A wrongful death action, under California law, must be brought within one year of the date of the decedent’s death; a survival action must be brought within six months of the date of the decedent’s death or within one year of the date that the cause of action “accrued” whichever is later. Even if the decedent had already brought a personal injury lawsuit, a new wrongful death or survival lawsuit must be filed within the above time periods. Also, in cases against public entities, the case must be brought within six months of the date of death.
