What are the California Statutes of Limitations?
A statute of limitations is the amount of time you have to file a claim. If you file a claim after the statute of limitations has expired, your claim could be subject to denial. Every case is different and similarly the California statute of limitations for every claim may vary depending on the circumstances.
This is why it’s important to speak to a lawyer right away. You don’t want to risk the statute of limitations expiring and losing your right to a claim.
In California, and elsewhere, the “statute of limitations” operates as something of a deadline for each of your claims. The statute of limitations period gives you a set amount of time by which you have to file the applicable claim. If you wait too long and file after the statute of limitations period has expired, then your claim can (and likely will) be dismissed by the court.
Every case is different, and as such, the statute of limitations for every case is likely to vary depending on the circumstances. The dynamic nature of litigation can be quite confusing for those who are unfamiliar with the practice of law. Thus, it’s important to speak to a lawyer as soon as possible — you don’t want to risk having the statute of limitations expire, as you’d lose your right to secure damages in a court of law.
Now, when it comes to the statutes of limitations, each state has its own set of rules. It’s therefore critical to understand the basics, and to keep these limitations top-of-mind as you move forward with filing a claim.
Some of the more commonly-encountered California statutes of limitations, as noted by the Judicial Branch of California, include:
Common California Statutes of Limitations
When it comes to statutes of limitations, each state has their own specification. It is important to understand and keep these limitations in mind if you are considering filing a claim. A few of the common California statutes of limitations, as stated by the Judicial Branch of California, include:
Personal Injury Statute of Limitations
The personal injury statute of limitations in California begins to run 2 years from the date of injury. If the injury was not discovered right away, however, then the statute of limitations period begins to run 1 year from the date that the injury was discovered.
When filing a personal injury claim in California, the specified period of time set by the statute of limitations is crucial. It is advisable to consult with a personal injury lawyer as soon as possible after the incident. This legal professional can help ensure that your claim is filed within the mandated 2-year period (or 1 year from the discovery of the injury) and can provide invaluable guidance through the complexities of your case.
Acting within this period is essential, as missing this deadline could significantly impact your ability to seek and receive compensation for your injuries. A knowledgeable personal injury lawyer will help you navigate the legal system, ensuring that all necessary steps are taken promptly and correctly within this critical period of time.
Property Damage Statute of Limitations
The property damage statute of limitations in California begins to run 3 years from the date that the property damage occurred.
For those looking to file a lawsuit for property damage in California, it’s important to be aware of the California property damage statute of limitations. This statute establishes a 3-year timeframe from the date the damage occurred for you to legally pursue your claim. Filing a lawsuit within this period is crucial. If you initiate legal action after this 3-year window, your case is likely to be dismissed by the courts due to non-compliance with the statute of limitations.
This timeline ensures that claims are made while evidence is still fresh and viable. For effective handling of your property damage lawsuit, it’s recommended to start the process as early as possible within this three-year period to ensure all procedural requirements are met and your rights are fully protected.
Car Accident Statute of Limitations
The statute of limitations in California for car accidents depends on the type of injury. For most car accidents in California, the statute of limitations is 2 years from the date of the accident. This means you have 2 years from the day of the car accident to initiate legal proceedings against the at-fault party.
If your claim is strictly for property damage (like damage to your vehicle), the statute of limitations extends to 3 years from the date of the accident.
Medical Malpractice Statute of Limitations
The medical malpractice statute of limitations begins to run 1 year from the date that you discovered the injury, or 3 years from the actual date of the injury (whichever is the earlier date between the two).
Navigating a medical malpractice case under the CA statute of limitations for a personal injury lawsuit requires careful attention to time constraints. In California, the statute prescribes a 1-year period from the date of discovery, or a maximum of 3 years from the actual date of the injury for medical malpractice cases.
It’s essential to understand that this period is distinct from the standard personal injury case timeline. This shorter timeframe emphasizes the need for prompt action if you believe you have been a victim of medical malpractice. Initiating your lawsuit within this period is crucial, as failure to do so could result in losing the opportunity to seek justice and compensation for your injuries.
Consulting with a personal injury lawyer who has expertise in medical malpractice cases can provide critical guidance to ensure your case is filed in accordance with these specific limitations.
Workers’ Compensation Statute of Limitations
In the workers’ compensation context, you — the injured employee — must notify your employer within 30 days of being injured to file a claim. Failure to do so could result in the loss of significant workers’ compensation benefits.
It’s important to note that for workers’ compensation claims in California, the personal injury statute of limitations extends beyond just notifying your employer about the injury. After reporting the injury to your employer, you generally have up to 1 year from the date of injury, or from the date you became aware of the injury, to officially file a workers’ compensation claim.
This timeframe is crucial for protecting your right to receive workers’ compensation benefits. Failing to file the claim within this 1-year period can lead to the loss of your eligibility for these benefits. This emphasizes the importance of not only promptly reporting your injury to your employer but also taking the necessary steps to file your claim within the stipulated timeline. Understanding and adhering to this statute of limitations is key to ensuring you receive the compensation and benefits you’re entitled to for a workplace injury.
Sexual Harassment Statute of Limitations
In California, those who have been sexually harassed must file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) within just 6 months of the date of sexual harassment at-issue.
For those seeking to address sexual harassment in California, it’s crucial to act within the stipulated 6-month timeframe to file a charge with the U.S. Equal Employment Opportunity Commission (EEOC). This relatively short window underlines the importance of taking prompt action.
Delaying beyond this period could jeopardize your ability to pursue legal recourse. The 6-month statute of limitations for filing with the EEOC is an essential first step in the legal process to address sexual harassment in the workplace. It’s often advisable to seek guidance from an experienced employment law attorney as soon as possible after the incident occurs.
This legal support can be invaluable in navigating the complexities of filing a timely and effective claim, ensuring that your rights are protected and your case is presented in the strongest possible manner.
Breach of Contract Statute of Limitations
In California, you have 4 years to file your breach of contract claim (from the date that the contract was broken) if the contract was in writing. If the contract was oral, then you only have 2 years from the date that the contract was broken.
In California, the distinction in the statute of limitations between written and oral contracts is a critical aspect to consider when dealing with a breach of contract case. For written contracts, you have a 4-year period from the date the contract was breached to file a lawsuit.
However, if the contract was oral, the timeframe is reduced to just 2 years. This variation underscores the importance of understanding the nature of your agreement and acting accordingly. If you suspect a breach of contract, it’s essential to determine the type of contract involved and file your claim within the appropriate statute of limitations.
Delaying legal action can result in forfeiting your right to seek redress for the breach. Consulting with a legal professional experienced in contract law can help clarify these timelines and ensure that your claim is filed in a timely manner, preserving your legal rights and interests in the matter.
Government Claims
According to the Judicial Branch of California, you must first file an administrative claim with the particular branch of the government that you are taking action against before you can sue in a court of law.
With respect to filing that initial administrative claim, you’ll be subject to a 6-month statute of limitations period. Specifically, you’ll have to file within 6 months (of the date of the inciting incident) for personal injury and property damage claims, and within 1 year for breach of contract and real property damage claims.
When filing claims against a government entity or agency in California, the process involves specific protocols that differ from standard civil lawsuits. The preliminary step requires you to file an administrative claim directly with the government entity responsible for your grievance. This initial filing, which must be done within the 6-month or 1-year periods depending on the nature of your claim, is a prerequisite before any legal action can be pursued in court.
It’s important to accurately identify the correct government agency and adhere to their specific claim procedures, as each entity might have its own form and requirements. This step is crucial because it officially notifies the government entity of your intent to seek compensation and allows them a chance to respond to your claim.
Failing to comply with these specific procedures or missing the deadlines can result in your claim being dismissed, regardless of its merits. Therefore, understanding and correctly navigating the process of filing claims against government entities is vital for the successful pursuit of your legal rights.
The Discovery Rule
California law establishes a number of exceptions allowing plaintiffs extra time to file their claims for the statute of limitations deadline. Perhaps the most important exception is known as the “Discovery Rule.”
The discovery rule for statute of limitations carves out an exception whereby the statute of limitations does not begin to run until the date that the plaintiff discovers (or should discover) that they were actually injured and therefore entitled to bring legal action.
How does this work?
Suppose that you are involved in a low-speed car accident. You walk away thinking that you haven’t been injured, and in fact, early diagnostic tests by your doctor show that you didn’t suffer any serious injuries. Four years later, however, a CT scan reveals that you are suffering from spinal degeneration caused by the accident.
Now, California’s default personal injury deadline is 2 years from the date of the injury. If you attempted to file your claims four years later, it would — normally — fail, and the court would dismiss the claims. However, given the circumstances, you could take advantage of the discovery rule.
The court would give you a year to file the claims (starting from the date that you discovered the injury). Thus, you could file 4 years, or even 7 years after your injuries, and still have an actionable, legitimate claim.
Contact An Attorney For A Free Consultation
Regardless of the type of claim you are looking to file, you should speak with a lawyer as soon as possible.
Here at 1-800-THE-LAW2, the California-based attorneys in our network can help you move forward with your claims while ensuring that you do so in a timely manner, without violating the statutes of limitations in California. Our skilled lawyers can let you know if you have a potential case over the phone.
Call us today to connect to an attorney in your area within just 10 minutes or less. Consultation is free and confidential, so don’t delay, as you could be putting your case at-risk of dismissal by waiting too long to file!
Our staff is available to help 24/7 in both English and Spanish. We look forward to speaking with you further.
SOURCES:
American Association of University Women. Know Your Rights: Workplace Sexual Harassment. Retrieved February 24, 2015.
The Judicial Branch of California. Statute of Limitations. Retrieved February 24, 2015.
