If you’re considering filing a lawsuit in California, it’s essential to understand the statute of limitations—the legal deadline by which you must take action. Failing to file within the correct time frame can result in your case being dismissed, meaning you may lose your right to seek compensation or justice.
This guide will break down California’s statutes of limitations for different types of cases, exceptions to these deadlines, and what to do if your filing deadline is approaching.
What is a Statute of Limitations?
A statute of limitations is a legal deadline that dictates how long a person has to initiate a lawsuit. Once the time limit expires, the right to sue is typically lost, unless an exception applies.
California law sets different statutes of limitations depending on the type of case. Here’s a breakdown of the most common legal claims.
Statutes of Limitations for Common Cases in California
1. Personal Injury Claims
- Time Limit: 2 years from the date of the injury.
- Example: If you were injured in a car accident on January 1, 2023, you have until January 1, 2025, to file a lawsuit.
2. Property Damage Claims
- Time Limit: 3 years from the date the damage occurred.
- Example: If someone crashes into your fence on March 10, 2022, you have until March 10, 2025, to file a claim.
3. Breach of Contract
- Written Contracts: 4 years from the date of the breach.
- Oral Contracts: 2 years from the date of the breach.
- Example: If a contractor fails to complete work agreed upon in a written contract on June 1, 2021, you have until June 1, 2025, to sue.
4. Medical Malpractice
- Time Limit: 3 years from the date of the injury, or 1 year from when the patient discovered (or should have discovered) the injury—whichever comes first.
- Example: If a doctor misdiagnosed a condition but you only discovered the mistake two years later, you may still have time to file within one year of discovering the error.
5. Wrongful Death
- Time Limit: 2 years from the date of death.
- Example: If a loved one passes away due to negligence on July 15, 2023, the family has until July 15, 2025, to file a lawsuit.
6. Workers’ Compensation Claims
- Time Limit: 1 year from the date of the injury.
- Example: If you suffer a workplace injury on August 5, 2023, you must file your claim by August 5, 2024.
7. Fraud Cases
- Time Limit: 3 years from the date the fraud was discovered.
- Example: If you realize on May 20, 2022, that you were defrauded in a real estate transaction, you have until May 20, 2025, to file suit.
8. Defamation (Libel or Slander)
- Time Limit: 1 year from the date the defamatory statement was made.
- Example: If someone spreads false information about you on social media on October 1, 2023, you have until October 1, 2024, to sue.
9. Claims Against Government Entities
- Time Limit: 6 months from the date of the incident to file an administrative claim with the government agency.
- If denied, you typically have 6 more months to file a lawsuit.
- Example: If you slip and fall on government property on February 14, 2023, you must file a claim by August 14, 2023.
Exceptions to the Statute of Limitations
Certain situations can pause or extend the statute of limitations, including:
1. The Discovery Rule
- If an injury or wrongdoing was not immediately apparent, the statute of limitations may start from the date you discovered (or should have discovered) the harm.
2. Defendant’s Absence from California
- If the person you want to sue leaves California for a period of time, the statute may be paused until they return.
3. Minor Plaintiffs
- If the victim is under 18 years old, the statute of limitations typically doesn’t start until they turn 18.
4. Mental Incapacity
- If a person is mentally incapacitated, the statute may be tolled (paused) until they regain competency.
What Happens if You Miss the Deadline?
If you miss the statute of limitations deadline, the court will likely dismiss your case, and you may lose your right to seek compensation. Some exceptions exist, but they are rare and case-specific.
If you think you may be running out of time, contact a lawyer immediately to assess your options.
Need Legal Help? Contact Us Today!
Understanding California’s statute of limitations can be overwhelming, but you don’t have to navigate it alone. If you’re unsure about how much time you have left to file a lawsuit, our experienced attorneys at Shaumyan & Derbarseghian, LLP can help.
