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 statute of limitations for every claim may vary depending on the circumstances. This is why it’s important to speak to a 1-800-THE-LAW2 lawyer right away. You don’t want to risk the statute of limitations expiring and losing your right to a claim.
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: 2 years from the injury. If the injury was not discovered right away, then it’s 1 year from the date the injury was discovered.
- Property Damage: 3 years from the date the damage occurred.
- Medical Malpractice: 1 year from the date you learned about the injury, or 3 years from the date of the injury (whichever is the earlier date).
- Workers’ Compensation: Notify your employer within 30 days of being injured to file a claim.
- Sexual Harassment: 6 months from the date of the activity to file a charge with the U.S. Equal Employment Opportunity Commission (EEOC).
- Breach of a Written Contract: 4 years from the date the contract was broken.
- Breach of an Oral Contract: 2 years from the date the contract was broken.
According to the Judicial Branch of California, you must first file an administrative claim with the particular branch of the government you are taking action against before you can take your claim to court. The claim must be filed within 6 months for personal injury and property damage, and within 1 year for breach of contract and real property damage claims.
Regardless of the type of claim you are looking to file, you should speak with a lawyer right away. 1-800-THE-LAW2 attorney members have extensive knowledge of the California statutes of limitations, and can advise you about your specific claim. A lawyer can even let you know if you have a case right over the phone. Don’t lose your right to compensation, call 1-800-380-8080 for a free consultation. We’re available to help you 24 hours a day, 7 days a week in English and Spanish.
- 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.