STATUTE OF LIMITATIONS - CALIFORNIA LAW

The State of California imposes time deadlines to take legal action.  Such deadlines are called “statute of limitations.”  Under California law, you must fully settle your claim or file a lawsuit within a certain time period.  If you do not, you forever lose your right to recover any money or damages against the liable person, business or entity.

STATUTE OF LIMITATIONS OF COMMON CLAIMS

Examples of general California statute of limitations related to common legal claims:

Personal Injury and Wrongful Death: 2 years after the date of the occurrence.

Product Liability: 2 years after the date of the occurrence.

Medical  Malpractice : Generally, 1 year from the date the plaintiff discovers or reasonably should have discovered the injury and it's negligence cause, or 3 years from the date of the injury, whichever occurs first.  See further discussion at: medical_malpractice.html.

Property Damage: 3 years after the date of the occurrence.

Defamation (Libel / Slander): 1 year.

Oral Contract: 2 years after the contract was breached (broken).

Written Contract: 4 years after the contract was breached (broken).

Fraud: 3 years.

Employment: Generally 1 year for wrongful termination, employment discrimination, harassment, retaliation, denial of medical leave, denial of accommodations, and pregnancy leave.  A 180 day limit applies to E.E.O.C. filings. Other types of claims may have other deadlines.

Statutes of limitations, and the court rules and cases that interpret and apply them, are complicated.  Exceptions that lengthen or shorten the time deadlines may apply to your claim.  For example, if a defendant lived outside the state or was in prison for a time, the period for filing a lawsuit may be extended to a later date.

Even if you believe that the statute of limitation deadline might have passed, still seek legal consultation to determine if any of the time-extending exceptions or rules to the statue of limitations apply to your case.

Government Entity Defendants - Shorter Deadlines!  Before you can sue a government entity, you must send a prelawsuit written claim to the entity, called a "Government Code Section 911.30 claim."  A 911.30 claim for personal injury or personal property damage must, in most cases, be sent to the government entity within six months. A 911.30 claim for breach of contract or injury to real property must, in most cases, be sent within one year. If the entity rejects the claim (which, in most cases, is rejected), you must usually file a court action (lawsuit)  within six months of the rejection or you'll lose your right to sue. 

Minor Children: In many types of claims, a minor child has, depending on the type of claim, a certain amount of time after their eighteenth birthday to file a lawsuit. Notable exceptions to this particular tolling (permittiing a longer time period) rule include, but are not limited to, medical malpractice, uninsured motorist claims and government claims.  

Warning: Statute of limitation laws and their application are complex. While certain factors may extend the general time deadline, other factors may shorten the time.  

In order to identify which statute of limitations applies often requires a comprehensive review of your potential claim or case. 

Factors to Evaluating the Statute of Limitations:

1. Where did the harm occur?  Each state has its own statute of limitations laws.  
2. What, if any, legal right was violated?  Different types of harm have different and potentially varioius statute of limitations.

3. Who suffered injuries, damages, or harm? Different classes of people have different or special statute of limitations periods.  Examples: Minor children (under 18 years old); Mentally incompetent; Incarcerated prisoners; etc.)

4. Who caused the injury, damage or harm?  For example, claim against a governmental agency or employees normally have a shorter period than harm caused by a private party.

5. Are there other factors which affect the time limit to file a lawsuit?  Delayed discovery of the harm or wrongdoing, out of state travel, contractual provisions, a bankruptcy filing, death of a plaintiff or defendant, and other factors may, in certain cases, effect the length of the statute of limitations.

Examples: 

Example #1:

A person may miss a deadline for bringing a breach of oral contract claim (2 year limitations statute) but still might be able to pursue a cause of action for fraud (with a longer 3 year limitations deadline) in certain cases with certain facts.  

Example #2:

A person might miss out on a government claim under California state law due running of the statute of limitations but still might have time to present a similar action under federal law which may have a longer statute of limitations.   Of course, a person who seeks legal representation early often has the advantage of choosing one or both causes of action without being limited due to the statute of limitations running on one or more claims.

Because statute of limitations laws can be extremely complex, you ought to immediately contact attorney at law, Matthew Tozer for a consultation.

Disclaimer: The information provided in this article is informational, only. The subject matter and applicable law is evolving and/or constant state of change. No legal advice is given and no attorney/client or other relationship is established or intended.  The information provided is from general sources, and I cannot represent, guarantee or warrant that the information contained in this website is accurate, current, or is appropriate for the usage of any reader. It is recommend that readers of this information consult with their own counsel prior to relying on any information on this website.