The statute of limitations in most cases is two years from the date of death. However, other factors such as the source and nature of the action that caused death, the plaintiff's and defendant's circumstances, and other factors such as the following all play a role: A one-year statute of limitations can extend to medical malpractice lawsuits. A government tort lawsuit must be filed first if a complaint is being brought against a California government agency. These statements have a 180-day limitation period.