California Statute of Limitations Personal Injury – Just 2 Years

Two Years

In most cases, the statute of limitations to bring a personal injury claim in California is two (2) years from the date the injury occurred. If you fail to bring a claim within this time window, you lose your legal right to bring a lawsuit altogether.

However, the statutory window can vary based on the nature of the claim. It generally starts to run when

• you know of the injury, or
• in the exercise of reasonable diligence, you should have known of the injury. ¹

Common limitations periods in the state of California for filing legal claims include:

Injury type	CA Limitations period
Personal injury	2 years
Property damage / trespass	3 years
Wrongful death	2 years (learn more about the statute of limitations in California wrongful death cases.)
Child sex abuse/assault	When you are 40 years old, or 5 years after you discover the abuse (whichever is later)
Wrongful birth	6 years
Defamation	1 year
False imprisonment	2 years
Fraud	3 years*
Medical malpractice	1 year*
Legal malpractice	1 year*
Veterinary malpractice	1 year
Asbestos exposure	1 year*
Breach of oral contract	2 years
Breach of written contract	4 years
Felony victim	1 year**
Victim of serious felony	10 years**
	*from discovery. **from conviction.

To help you better understand “statute of limitations,” our California personal injury lawyers discuss the following, below:

• 1. What is a statute of limitations?
• 2. How long do I have to sue in a California personal injury case?
  • 2.1. What is “delayed discovery”?
  • 2.2.“Tolling” of the statute of limitations
  • 2.3. Special cases
    • 2.3.1. Personal injury claims by minors under age 18
    • 2.3.2. Professional negligence (malpractice) cases
    • 2.3.3. Claims by crime victims in California
    • 2.3.4. Mesothelioma and other asbestos claims
    • 2.3.5. Dalkon Shield claims
    • 2.3.6. Claims against a government agency
    • 2.3.7. Actions to recover personal property
    • 2.3.8. Child sexual abuse/assault
• 3. Why is there a statute of limitations?

1. What is a statute of limitations?

A statute of limitations is a deadline by which a lawsuit must be filed. Once the statute of limitations has run, you can no longer file a legal action for

• compensatory damages,
• punitive damages or
• other relief.

The statute of limitations varies depending on the legal theory for the lawsuit. There may be more than one type of theory on which recovery can be based.

Thus even when the statute of limitations on one theory has run, there may be another theory in which a claim can be brought.

Example: Kevin injures himself while painting Jack’s house because the deck was rotting. If Kevin misses the two-year deadline to sue Jack for negligence, he still has two more years to sue for breaching their written contract where Jack promised to reasonably ensure Kevin’s safety. This is because the breach of a written contract has a four-year statute of limitations.

2. How long do I have to sue in a California personal injury case?

The general statute of limitations in a California personal injury case is two years from the date of the injury.²

But, as discussed below, certain types of cases have a different amount of times during which you can sue.

In addition, in some cases, the statute of limitations might be “tolled” (paused). Or it might be extended in cases of “delayed discovery.”

2.1. What is “delayed discovery”?

California’s discovery rule provides for a longer statute of limitations in some cases. It applies when you:

• Did not know of facts that would have caused a reasonable person to suspect that they had suffered harm that was caused by someone’s wrongful conduct; or
• A reasonable and diligent investigation would not have disclosed that a harmful product or situation contributed to your harm.³

In cases of “delayed discovery,” a lawsuit may be filed as late as one year after the injury was (or should have been) discovered.

2.2. “Tolling” of the statute of limitations

Sometimes the statute of limitations is suspended or does not begin running for a certain period of time. This is known as “tolling.” For instance, the statute of limitations may be tolled when the defendant is:

• Under the age of 18,
• Out of the state,
• In prison, or
• Legally insane.

Once the condition leading to tolling has ended, the time limit begins to run or resumes.

Cases involving tolling can be quite complicated. It is highly recommended that you consult with an experienced California injury lawyer to determine whether you can still sue.

2.3. Special cases

Some types of personal injury cases have a different statute of limitations under California law.

These include (but are not limited to):

2.3.1. Personal injury claims by minors under age 18

In California, a minor (someone under 18) lacks the legal capacity to make a decision. So when someone under 18 is injured in California, the statute of limitations is generally tolled for the minor during the period of their minority.⁴

However, certain types of claims are exceptions.

For instance, medical malpractice claims by a minor must be commenced within the later of:

• Three years from the date of the alleged wrongful act, or
• If the minor is under six years old at the time of injury, prior to their eighth birthday.

An action by or on behalf of a minor for personal injuries sustained before or in the course of their birth must be commenced within six years after the date of birth.⁶

2.3.2. Professional negligence (malpractice) cases

Malpractice claims have some of the shortest statutes of limitations in California.

Generally speaking, a California malpractice claim must be filed within one year of the date on which:

• the injury was discovered, or
• the injury should have been, discovered.⁷

In addition, there is usually an absolute outside date by which a California malpractice lawsuit must be filed.

For instance, a medical malpractice claim may not be filed more than three years from the date of the injury.⁸

In some cases – such as veterinary malpractice – the one-year statute of limitations starts running on the actual date of the injury.⁹

If you are contemplating an action for professional negligence, you are advised to speak to an experienced California malpractice lawyer as soon as possible to avoid losing your right to sue.

2.3.3. Claims by crime victims in California

In California, if you are the victim of a felony, you have the right to sue a convicted criminal for damages.

Though you do not necessarily have to sue within the two-year limitations period for a personal injury.

For a serious felony offense such as

• rape,
• kidnapping,
• murder or
• attempted murder,

the statute of limitations is 10 years from the date on which the defendant is discharged from parole.¹⁰

For less serious California felonies, you have one year after the defendant’s judgment.¹¹

2.3.4. Mesothelioma and other asbestos claims

Some large class-action type medical claims have longer than usual statutes of limitations in California. Mesothelioma and other claims based on exposure to asbestos must be commenced by the later of:

• One year from the date on which you first suffered a disability, or
• One year after the date on which you either knew, or through the exercise of reasonable diligence should have known, that such disability was caused or contributed to by such exposure.¹²

2.3.5. Dalkon Shield claims

Claims brought by, or on behalf of, a Dalkon Shield victim must be brought within 15 years of the date on which your injury occurred, except that the statute is tolled starting August 21, 1985.¹³

2.3.6. Claims against a government agency

Claims against a government agency or employee must generally be commenced within six months of the injury.¹⁴

2.3.7. Actions to recover personal property

Lawsuits based on the recovery or conversion of personal property left at a hotel, hospital, or similar temporary lodging must be commenced within 90 days from when you leave the facility.¹⁵

2.3.9. Child sexual abuse/assault

Child sex abuse victims may sue their abusers anytime

• before their 40th birthday or
• within five years of discovering the abuse (whichever is later).¹⁶

3. Why is there a statute of limitations?

Statutes of limitations exist out of a sense of fundamental fairness. Memories fade, evidence is inadvertently destroyed, and witnesses move away.

A limitations period encourages you to diligently pursue your claims and protects people from having to defend “stale” claims.¹⁷

Wondering if you can sue in California? Contact us for guidance

The running of the statute of limitations is one of the most frequent defenses to personal injury lawsuits. An experienced California injury lawyer knows how to preserve your legal rights and how to deal with insurance companies and government entities.

If you were the victim of someone else’s negligence, recklessness or another wrongful act, we invite you to contact us over the phone or in our law offices to consult with one of our experienced California personal injury attorneys. Our law firm provides legal advice in Los Angeles and throughout the state.

Also, see our article on 5 situations when the statute of limitations is tolled in California and the statute of limitations for negligence in California.

We may also be able to help if you have been injured in Las Vegas and have questions about Nevada’s statute of limitations.

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