Statute of Limitations-California

California law imposes deadlines to take legal action. Such deadlines are called “statute of limitations.” In other words, under California law, you must fully settle your claim or file a lawsuit within a certain time; and if you don't, you forever lose your right to recover any money or damages.

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.

BEWARE OF GOVERNMENT ENTITY DEFENDANTS: If you wish to bring a legal claim against a California local, county or state government entity or its employees, you will be required (with limited exceptions) to file a special pre-lawsuit claim against that entity within six months from the date of the incident. Depending on the type of response from the government entity to your cliam that you receive, you then must file a lawsuit within a prescribed amount of time.

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 rule include 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 requires a thorough review of your potential claim.

1. Where did the harm occur? Each state has its own statute of limitations laws. This article refers only to California law.

2. What, if any, legal right was violated? Different types of harm have different statute of limitations.

3. Who suffered injuries, damages, or harm? Different classes of people have different statute of limitations periods. Examples of Categories: Minor children (under 18 years old); Adults; 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.

One 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.

A person might miss out on a government claim under California state law due to the passage of time but still be able to bring a similar action under federal law which may have a longer statute of limitations. However, a person who seeks legal representation early has a choice of pursuing one or both causes of action, and can, therefore, choose to the most beneficial cause of action or the cause of action with the best chance of success without being limited in choice due to the statute of limitations running on one or more claims.

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

Disclaimer: This article provides general information only. Statute of Limitation laws are highly complex and riddled with exceptions. This article is no substitute for legal advice from qualified counsel who can take the time to investigate, inquire and analyze all of the surrounding facts. Laws frequently change and vary from state to state. No legal advice is given and no attorney/client or other relationship is established or intended.