When you get hurt, you have a limited time to seek justice for your injuries. The rule that sets this filing deadline is known as the “statute of limitations,” and different types of cases have different statutes of limitations.
Most injury cases in California are subject to a 2-year statute of limitations. This means you must file your case in court before that 2 years runs out, or else you cannot get damages for your injuries. Filing through insurance often happens first, and you may not need to take a case to court if you win your settlement. If that goes on too long without a satisfactory settlement, you need to file your case in court before it’s too late.
Call (213) 252-1070 for a free case evaluation with the Law Office of John J. Perlstein’s California personal injury lawyers right away.
What is a Statute of Limitations?
The statute of limitations is a rule that dictates how long you have to bring a particular type of court case. We have statutes of limitations for all kinds of cases, including injury claims.
Filing Deadline
The statute of limitations is a time limit on when you have to file the case. It doesn’t mean the case needs to be finished in a certain time period, just that you have to get it into court.
Accrual
The statute of limitations starts to run when a case “accrues.” A case essentially accrues when the cause of action becomes real.
In most injury cases, the cause of action accrues when you are injured. The clock ticks from the date of injury through to the end of the limitations period.
What Happens if You File Too Late?
If you file after the limitations period runs out, the case can be blocked.
The defendant can use the expired statute of limitations as grounds to request dismissal, but the court can raise this issue on its own as well.
Tolling and Discovery Rule
The statute of limitations is sometimes a flexible rule, allowing the limitations period to be paused for various reasons.
What is “Tolling”
We refer to pausing the statute of limitations clock as “tolling” the statute of limitations. Statutes of limitations can be tolled for multiple reasons, but they are often based on what would be fair in a given situation.
As long as the statute of limitations is tolled, it does not run. Then it restarts again after the tolling. In effect, this usually pushes back the start date.
What is the Discovery Rule?
The discovery rule says that some claims cannot be filed right away because the injury and its cause are not discoverable right away. Instead of the statute of limitations clock starting from the injury, it is tolled until the time the victim discovers or should have discovered that they were injured through negligence.
What Cases Does the Discovery Rule Apply To?
For the discovery rule to apply, the negligence has to be something that the victim cannot discover through due diligence. Instead, coming across certain facts later is usually what triggers the discovery.
There are many ways this can apply, but there are actually statutory rules for the discovery rule in medical malpractice and sexual abuse cases:
- Medical malpractice claims have 1 year from the date of discovery.
- Sexual abuse claims have 3 years from the date of discovery for adults and 5 years from the date of discovery for minors abused before January 1, 2024.
Fraudulent Concealment
If the defendant withheld facts or lied about the cause of injury or negligence, it might function similarly to the discovery rule. This gives the victim until they discover or should have discovered the fraud before the statute of limitations starts running.
For example, if a patient feels pain after a surgery, and the doctor says that’s normal, it might stop them from investigating and finding that they were the victim of negligence.
Rules for Minors
The statute of limitations is tolled for minors in most cases. This means the clock does not start ticking until they turn 18.
However, their parents can sue on their behalf within the normal statute of limitations instead of waiting until the child is an adult who can sue on their own.
Other Tolling Rules
California law may toll the statute of limitations in other situations, so always speak with a California personal injury lawyer before assuming you are too late to file.
California’s Statute of Limitations for Personal Injury Claims
Now that you understand the basics of statutes of limitations, let’s look at how long you have to file a lawsuit in California.
2-Year Deadline
In California, most injury cases have a 2-year statute of limitations under CCP § 335.1.
What Cases Does This Statute of Limitations Apply To?
This applies to all kinds of injury claims:
- Slip and falls
- Premises liability injuries
- Defective product injuries
- Car accidents
- Pedestrian accidents
- Construction accidents
- Wrongful death.
Accidental vs. Intentional Injury
Some states have different statutes of limitations for intentional injuries and accidental injuries. In California, we use the same 2-year rule for assault and battery as well as accidental injury.
Exception: Medical Malpractice
For medical malpractice, the statute of limitations is
- 3 years from the date of injury or
- 1 year from the date the injury is discovered.
Exception: Sexual Abuse
For sexual abuse of an adult, the statute of limitations is 10 years. Otherwise, 3 years from the date of discovery is also allowed.
For sexual abuse of a minor before January 1, 2024, the statute of limitations runs until the victim turns 40. Otherwise, 5 years from the date of discovery is allowed.
Are There Any Claims with No Statute of Limitations?
Yes! California eliminated the statute of limitations for claims of sexual abuse of a minor. If the abuse occurred after January 1, 2024, there is no filing deadline.
Civil vs. Criminal Statutes of Limitations
Many things you can sue for are also crimes. It is vital when looking at statutes of limitations to look for the civil statute of limitations, because criminal and civil cases often have different statutes of limitations.
Car Accident Statute of Limitations
In a car accident claim, we follow the normal statute of limitations for injuries: 2 years.
Does Filing through Car Insurance Have the Same Statute of Limitations?
Generally, car insurance is its own system with its own rules. Always follow the policy’s terms for when to file a claim.
That being said, you should file your claim as soon as you can. If we cannot negotiate a settlement, we may have to go to court to get your damages. We cannot do that if we are past 2 years from the accident, so we need time to negotiate before the 2-year mark.
Does Your Insurance Have the Same Statute of Limitations as the Other Driver’s Insurance?
Your policy might require much sooner notice of an injury, even if it doesn’t use shortened filing deadlines. Always talk to a lawyer within the first few days after an accident about filing a car insurance claim so you do not miss anything.
Wrongful Death Statute of Limitations
Wrongful death claims also have a 2-year statute of limitations, but it can be a bit confusing because there are actually two claims involved.
Survival Actions vs. Wrongful Death in California
When someone dies in an accident, we file two claims through their “personal representative” (executor):
- The survival action claims the victim’s damages they would have been able to sue for if they survived the accident.
- The wrongful death claim sues for the family’s damages they suffer from the loss.
When the Clock Starts
In some states, the survival action’s clock starts ticking on the date of injury, while the wrongful death claim’s clock starts on the date of death. In others, the date of death starts the clock for both claims.
In California, we have a mix of both rules.
Statute of Limitations for Wrongful Death and Survival
Wrongful death claims get 2 years from the date of death to file.
Survival claims get 2 years from the date of injury or 6 months from the date of death, whichever is later. This might mean hurrying to file this claim on a much tighter deadline than the wrongful death claim.
Special Statute of Limitations Rules When Suing the Government
Sometimes the defendant in an injury case is California itself or a local city/municipal government. When you sue the government, the Tort Claims Act creates special rules.
Notice Deadline
California’s Tort Claims Act creates a special rule where you have to give the government notice of your intent to sue before suing. This must be done within just 6 months of the accident in most cases.
What Cases Does This Apply To?
This might apply to any case where the government is a defendant. That can include
- Injuries on government property
- Accidents with police and other government workers.
Remember that public schools are also part of the government, so injuries on school property also typically mean following the Tort Claims Act’s rules.
FAQs for Statutes of Limitations in California
Why Do We Have Statutes of Limitations?
There are a few traditional reasons we have statutes of limitations, but these are the biggest reasons:
- Preventing old cases from following people around for years.
- Ensuring recent evidence and fresh memories from witnesses.
- Old injuries might not be seen as serious if they aren’t acted on quickly.
It ultimately comes down to making sure the court processes are as fair as they can be to both sides.
Does California Have a Shorter or Longer Statute of Limitations than Most States?
The majority of states use a 2-year statute of limitations. Some have a longer 3- or 4-year rule, but 2 is pretty standard.
Some of the special statutes of limitations cut both directions:
- Abolishing the statute of limitations for sexual abuse of a minor means that statute of limitations is quite long.
- This abolished statute of limitations is not retroactive, so cases that happened before 2024 have a shorter statute of limitations than some other states.
- Our 1-year filing deadline after discovering medical malpractice is somewhat short compared to some states.
What Happens if You File Too Late?
If you file your injury claim too late, the court can dismiss it. The defendant can ask for it to be dismissed, and if they find you missed the deadline, the case is over.
However, the court can also raise this issue on its own.
How Do You Avoid Missing the Statute of Limitations?
The best way to avoid filing too late is talking to a lawyer right away after the accident. Then, we can get on your case and watch out for the filing deadline.
How Do You Know When the Statute of Limitations Starts Running?
Most injury cases see the statute of limitation start running on the date of injury. If you have any doubts, talk to a lawyer.
Can You Amend Your Claim After the Statute of Limitations?
Usually, no. If you have to withdraw your case to amend your initial complaint, then you cannot typically refile it if the statute of limitations has already run.
Can You Add Defendants After the Statute of Limitations Runs?
Generally, you have to get everyone involved in the case sued before the statute of limitations runs out. If you find out later that a different defendant was partially responsible, you may not be able to add them to the case if the statute of limitations already ran.
However, the discovery rule might apply to this situation to extend the filing deadline against that particular defendant, so always let your attorney work that issue out.
Call Our California Personal Injury Lawyers for Help with Your Case Today
Act quickly! Call our California personal injury lawyers at the Law Office of John J. Perlstein for a free case review so you can file your case on time.