Yes, it is absolutely possible for family members or the personal representative of the deceased's estate to file a wrongful death claim if the deceased did not die at the scene of the incident. When we look at the California wrongful death statute of limitations, we can see that the language specifically says that these claims must be filed within two years from the date of the decedent's death. It does not say that the claim must be filed within two years from the decedent's injury that caused the death.
This is an important distinction because it is not uncommon for a person to sustain an injury and live for a while longer. For example, a person could sustain serious injuries in a car accident but live for days or even weeks after the incident occurs. Just because a person does not pass away as soon as an accident occurs does not mean that their loved ones will be entitled to nothing.
However, it is crucial for family members and the personal representative of the deceased to speak to a skilled San Jose wrongful death lawyer who can ensure that the claim is filed on time and filed properly.