Important note: The material below is not legal advice and is not to be relied on in the absence of advice by an attorney. Only your attorney can advise you as to the applicable statute of limitations in your case. Please consult with an attorney before making any decision as to the statute of limitations in your case.
The Personal Injury Statute of Limitations: California Guidelines
In California, the deadlines and compensation limits for personal injury lawsuits are set by the statewide personal injury statute of limitations. California residents who want the best chance of success for their case must bring a claim within the time allotted, but sometimes, it can be tricky to determine exactly which rules apply to a particular case. Consulting with an experienced attorney can help to make sure you’re within the correct personal injury, malpractice, or negligence statute of limitations in California so that your legal rights are preserved.
What Is the Statute of Limitations in California?
The statute of limitations varies depending on many factors, starting with the type of lawsuit being filed.
Statutes of Repose
Construction Liability
Plaintiffs can file claims for four years from the substantial completion of construction or the construction of an improvement to real property for cases based on a patent defect; in cases based on a latent defect, the deadline is ten years from substantial completion. These limits don’t apply to actions based on willful misconduct or fraudulent concealment. (Ca. Civ. Proc. Code § 337.1, 337.15)
Product Liability
Additional statutes of repose do not apply to product liability actions. (§ 338(c))
California Statute of Limitations for Negligence/Personal Injury
2 Years
“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.” (Cal. Civ. Proc. Code § 335.1)
Toxic Tort
2 Years
“In any civil action for injury or illness based upon exposure to a hazardous material or toxic substance, the time for commencement of the action shall be no later than either two years from the date of injury or two years after the plaintiff becomes aware of, or reasonably should have become aware of, (1) an injury, (2) the physical cause of the injury, and (3) sufficient facts to put a reasonable person on inquiry notice that the injury was caused or contributed to by the wrongful act of another, whichever occurs later.” (Cal. Civ. Proc. Code § 340.8)
Wrongful Death
2 Years
“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.” (Cal. Civ. Proc. Code § 335.1)
The statute of limitations for a wrongful death case runs from the date of the person’s death.
California Medical Malpractice Statute of Limitations
3 Years
“In an action for injury or death against a health care provider based upon such person’s alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.” (Cal. Civ. Proc. Code § 340.5)
Product Liability
2 Years
The statute of limitations for product liability cases is the same as that for negligence cases. The discovery rule applies.
Intentional Torts
1 Year
Fraud
3 Years
“An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.” (Cal. Civ. Proc. Code § 338)
Municipal Liability/Sovereign Immunity
6 Months
Municipal employees themselves are immune to prosecution, but an injured person can make a legal claim against the agency that employs them. A notice of claim must be filed within six months. If the claim is rejected, you may file a lawsuit.
Discovery Rule
A statute of limitations will generally run from the date when the injury is or should have been discovered.
Comparative Negligence
Pure comparative negligence applies.
Charitable Immunity
California does not provide for charitable immunity.
Legal Disabilities
For minors and cases of insanity, incompetence, or imprisonment, the statute of limitations does not run until the legal disability ends. Children have two years from their 18th birthday to file a claim. If the plaintiff dies, the statute of limitations is extended by six months. If the defendant dies, it’s extended by a year. (Cal. Civ. Proc. Code § 352)
Punitive Damages
A case for punitive damages must be proven by clear and convincing evidence of oppression, fraud, or malice.
Tolling
The statute of limitations can be tolled, or suspended, due to the defendant’s absence from the state, except in a motor vehicle accident case where the defendant can be served with a summons and complaint outside of the state, unless the defendant cannot be located through exercise of reasonable diligence.
No-Fault Insurance
California is not a no-fault state.
Other Relevant Statutes
Civil Action for Sexual Molestation of a Minor
In cases of molestation by any person or entity with duty of care to the plaintiff, the statute of limitations is five years after it is discovered (or should have been discovered) or age 40, whichever is later. Prosecution of certain sexual offenses committed when the victim is under 18 may be commenced any time prior to the victim’s 28th birthday.
Sex Discrimination Action for Wages
These wage discrimination cases must often be brought within two years, but the law allows three years if the violation was willful.
Sexual Abuse by Doctors, Surgeons, Psychotherapists, Counselors, and other Health Care Professionals
The statute of limitations in these cases is two years.
Other Actions Without Specified Limits
Actions not specified in Section 338 of the California Code of Civil Procedure have statutes of limitations of four years after the action accrues.
Injuries Caused by Domestic Violence
Victims of these injuries have three years from the date of injury or two years from discovery of the injury, whichever is longer.
Contractor/Developer/Designer Defect Cases
In cases involving developers, design professionals, contractors, and their insurers, the California Court of Appeals has determined that under Code of Civil Procedure 337.15, the ten-year cutoff of suits for latent defects may be extended if the contractor that performed the defective work attempts repairs.
Consumer Fraud Complaints
California residents can make consumer fraud complaints with the Department of Consumer Affairs or call (916) 445-1254 or 1-800-952-5210 for help.
Find Help With Your Case
The personal injury statute of limitations in California can be confusing, and the specific details of your case may have an effect on how long you have to file a legal claim. That’s why it’s important to consult an experienced attorney to make sure that your lawsuit is filed on time. If you don’t comply with the negligence statute of limitations in California that affects your case, you could be forever blocked from getting the compensation you deserve.