If you’ve suffered a personal injury in California, you will need to file a claim or lawsuit to receive compensation for damages and financial losses. However, if you take action too late you may lose your ability to receive compensation. This is because of the statute of limitations in California. To help ensure you take action at the right time and protect your right to compensation, here’s a guide to understanding the California statute of limitations.
What is the Statute of Limitations in California?
The statute of limitations is a law that sets the maximum time after an event within which you may initiate legal proceedings. Once this period expires, you typically cannot file a lawsuit. It’s therefore important for you to be aware of these deadlines. This is vital if you want to protect your right to compensation for personal injuries.
Statute of Limitations in California for Personal Injury, Property Damage and Breach of Contract
The statute of limitations may vary depending on the type of damage or loss you have suffered. To ensure you take action before the deadline, speak with an experienced attorney who can evaluate your case and identify the best course of action. Here’s an overview of the statutes of limitations in California for personal injury, property damage and breach of contract.
- Personal Injury: For personal injury cases in California, you have two years from the date of the injury to file a lawsuit (California Code of Civil Procedure § 335.1).
- Property Damage: If someone damages your property, you have three years from the date of the incident to file a lawsuit (California Code of Civil Procedure § 338).
- Breach of Contract: You have two years to file a lawsuit for breach of an oral contract (California Code of Civil Procedure § 339). For written contracts, the statute of limitations is four years from the date on which the other party breached your contract (California Code of Civil Procedure § 337).
If you were injured in a car accident, you will want to pay special attention to the personal injury statute of limitations. California courts will generally accept personal injury cases up to two years after the date of the injury. If you did not discover your injury right away, the statute of limitations may be different. You should therefore speak with an attorney about your case as soon as possible after the accident that led to your injuries.
Accident victims may pursue breach of contract lawsuits when their insurance providers fail to provide the services or coverage stipulated in their insurance policy.
Statute of Limitations in California for Medical Malpractice, Wrongful Death, Professional Malpractice and Claims Against the Government
In addition to personal injury, property damage and breach of contract, accident victims may end up filing other lawsuits. Such include medical malpractice, wrongful death, professional malpractice or claims against the government. These types of lawsuits are less common among accident victims. However, it’s important to be aware of their statutes of limitations in case they apply to your case.
- Medical Malpractice: Medical malpractice claims in California must be filed within one year from the date you discovered, or should have discovered, the injury (California Code of Civil Procedure § 340.5).
- Wrongful Death: Wrongful death claims, like personal injury claims, have a two-year statute of limitations from the date of the victim’s death (California Code of Civil Procedure § 335.1)
- Professional Malpractice: You have one year from the date you discovered, or should have discovered, the malpractice (California Code of Civil Procedure § 340.6) (California Code of Civil Procedure § 340(c))
- Claims Against the Government of California: You will be required to file an administrative claim within six months or one year, depending on the type of incident. If you receive a denial letter in response to your claim, you have up to six months to sue the government. If you don’t receive a response in 45 days, you have up to two years from the incident date to sue.
Accident victims may file medical malpractice lawsuits if they suffer injuries as a result of the negligence of their healthcare providers. Family members of victims who lost their lives to the negligence of drivers, medical professionals or others may file wrongful death lawsuits. Victims may file professional malpractice lawsuits if they suffered damages as a result of the negligence of a professional such as an attorney or veterinarian.
Claims against the government are unique in that plaintiffs file them against a government agency. Victims may pursue this course of legal action if a California government agency acted negligently, and as a result, caused personal injuries or other types of damages.
Tolling of the Statute of Limitations in California
Certain situations can “toll” or pause the statute of limitations, extending the time you have to file a lawsuit. If the defendant is a minor, out of state, in prison or mentally incapacitated, California courts will suspend the statute of limitations until the reason for tolling ends.
In these cases, the reason for tolling would generally end when the defendant turns 18, returns to California, is released from prison, or is no longer mentally incapacitated. Once the reason for tolling ends, the statute of limitations begins to run again.
It’s important to speak with a California personal injury attorney about the specifics of your case if you believe the courts will suspend the statute of limitations due to tolling. These types of cases may require more evidence and legal preparation. An experienced attorney can evaluate your case and identify the best course of action.
Statute of Limitations in California for Criminal Cases
Many accident victims end up filing civil lawsuits against the parties that caused personal injuries or other types of damages. In a civil case, the plaintiff seeks monetary compensation or specific performance from the defendant. This is to settle a dispute involving private rights and obligations. Civil cases do not impose criminal penalties, such as imprisonment. Examples of civil cases may include personal injury, property damage and breach of contract claims.
In some car accident or personal injury cases, the parties involved may have committed a crime. This could include vehicular manslaughter, hit-and-run or driving under the influence (DUI). These situations can lead to a criminal case. The purpose of a criminal case is to address offenses against the state. The government, represented by a prosecutor, brings criminal cases against the defendants (the accused). Defendants who are found guilty may face criminal penalties.
Another key difference between civil and criminal cases is the legal reprentation offered. In civil cases, the parties involved usually hire private attorneys to represent them. Individuals may represent themselves in civil cases, but this could be challenging and risky without legal training or experience. Defendants in criminal cases have the legal right to an attorney. If they cannot afford one, the court will appoint a public defender to represent them.
The statute of limitations for criminal offenses varies depending on the crime. For example, the statute of limitations for hit-and-run and vehicular manslaughter is six years. The statute of limitations for assault with a deadly weapon and felony DUI cases is three years. Misdemeanor DUI cases have a statute of limitations of one year. An experienced attorney can help you understand the statutes of limitations of any crimes committed in your case.
Importance of Acting Quickly
Failing to file a lawsuit within the prescribed statute of limitations has consequences. It usually means losing the right to seek compensation in court. This is why it is important to act promptly. Consult with a personal injury attorney to ensure you meet all necessary deadlines. If you miss the statute of limitations, the court will likely dismiss your case. This is especially true if the defendant raises the statute of limitations as a defense.
Another reason to act quickly is the need to present strong evidence. Ensure you don’t wait too long to take action. You might lose access to the reliable evidence you need for your case. You may find it difficult to gather documentation and collect accurate testimonies from witnesses. Acting quickly will help ensure you have strong evidence.
Sargon Law Group Helps You Navigate The Statute of Limitations in California
If you’ve suffered personal injuries or other types of damages, you’re not alone. Don’t let the statute of limitations in California prevent you from seeking the compensation you deserve. You must act quickly to ensure you have a strong case and meet the legal deadlines. If you need legal assistance, contact Sargon Law Group for a free consultation. Our experienced team is here to provide you with the personalized support you need to achieve the best possible outcome.