What is the accrual of a cause of action for wrongful death?

California, United States of America


The following excerpt is from Norgart v. Upjohn Co., 21 Cal. 4th 383, 21 Cal.4th 383, 87 Cal.Rptr.2d 453, 981 P. 2d 79 (Cal. 1999):

Viewing the matter thus, we believe that, at least as a usual matter, the general rule for defining the accrual of a cause of action should govern a cause of action for wrongful death. That means that, at least as a usual matter, the date of accrual of a cause of action for wrongful death is the date of death. ( Larcher v. Wanless (1976) 18 Cal. 3d 646, 656-657 [135 Cal. Rptr. 75, 557 P.2d 507].) For it is only on the date of death that a wrongful death cause of action becomes complete with all of its elements, which, as stated, include (1) a "wrongful act or neglect" on the part of one or more persons that (2) "cause[s]" (3) the "death of [another] person" (Code Civ. Proc., 377.60).

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