Knowing how long you have to file a claim in California is one of the most important parts of protecting your right to recover compensation. The state has strict deadlines established with seeking legal action, and missing them can prevent you from pursuing your case no matter how serious your injuries may be or how clearly the other party was accountable for the incident. These timelines can also differ based on the type of accident, who was involved, and whether any exceptions apply, leaving victims unsure about what their actual filing window is. Having a clear understanding of these rules can make a big difference in whether your claim succeeds.
What Is the Statute of Limitations?
In California, the statute of limitations is a law that sets the maximum period of time within which a person is entitled to file a lawsuit or bring charges after an event happens. When the deadline expires, the claim is barred, meaning courts will not accept the case. The appropriate timeframe will depend on the type of claim, whether it is personal injury, property damage, or contract dispute.ย
What Are the Time Limits for Personal Injury Claims in California?
Injuries caused by someone else’s negligence, whether it be from car accidents or slip and falls, will need to be brought quickly since physical evidence, medical records, and witness recollection can fade over time. The limitations period will be two years to file a claim against the at fault party to recover compensation under California Code of Civil Procedure ยง 335.1.
In addition, if the accident has caused a fatality, then the timeline to file for wrongful death cases will be treated similarly to personal injury because evidence, like medical records, cause of death, and accident details are all time sensitive. Under California Code of Civil Procedure ยง 377.60, surviving family members are allowed two years from the date of the victim’s passing to pursue legal action.ย
What if a Government Entity Caused the Accident?
Claims against government entities will follow a stricter timeline. Prior to filing a lawsuit, a formal claim will need to be submitted within six months of the incident. If you are unable to fulfill this legal obligation, you will be restricted from filing a lawsuit as per California Government Code ยงยง 911.2 and 945.6). In addition, certain types of injuries, particularly those that are caused by sexual abuse, will have unique deadlines that will differ from general rules.ย
Because of these variations, it is important for victims to know specific deadlines and whether they apply to your situation. Promptly submitting your claim will ensure your rights are protected and you do not miss any important filing windows. Consulting with a knowledgeable personal injury attorney can help you determine what your timeline is based on the factors associated with your situation.ย
How Long Do You Have to File a Property Damage Lawsuit in California?
The limitations period for property damage will be three years beginning on the date of damage, or when it was reasonably discovered. This applies in cases where your home, vehicle, or personal belongings suffered harm due to the negligent actions of someone else. The three-year period derives from CCP ยง 338(b). If the property damage was not immediately discovered (as a result of hidden structural damage), the discovery rule may apply. This means that the clock will start on the date you learned about the damages rather than on the specific day your personal property was affected.
What Is the Statute of Limitations for Breach of Contract Cases?
While the statute of limitations for breach of contract cases will depend on several circumstances, mostly whether the contract was written or oral, California treats both forms of agreements differently under the same law.
For written contracts, you will have four years from the date the breach happened to file a lawsuit, as mentioned in CCP ยง 337. This applies to agreements, like leases and service agreements. Meanwhile, for oral contracts, the statute of limitations is much shorter, as it will start two years from the date the breach occurred (CCP ยง 339).ย
Factors, like the type of arrangement and the timing of the breach, can influence when the clock begins. Usually, the period will begin when a party fails to fulfill their legal obligations under the contract, not necessarily when the breach has been discovered. It is important to act within the timeframe since filing a claim after the deadline will prevent the court from hearing your case.
How Does the Statute of Limitations Vary by Type of Case?
California’s statute of limitations will vary case by case because different legal claims will require unique timeframes for evidence preservation, fairness, and judicial efficiency. Each of these will have its own level of complexity, potential for delayed discovery, and societal interest in resolving disputes in a prompt manner. Here is how and why certain deadlines will differ:
- Medical malpractice: Injuries from medical malpractice do not always show up right away, because California uses the “discovery rule,” giving you one year from the date you knew, or reasonably should have known, that malpractice occurred to submit a claim. However, there is also a hard cap of three years from the date the negligent act happened, even if you discover the problem later on. The only exception to this three-year statute are cases that involve fraud, intentional concealment, or a foreign object left in the body. These specific factors can extend the filing deadline (CCP ยง 340.5).
- Fraud: California’s Civil Code of Procedure 338(d) sets a three-year statute of limitations for fraud, but because of the delayed discovery rule, the clock does not always begin when the fraud happens. It will, instead, start when the victim learns about, or reasonably should have known about, the fraud, meaning plaintiffs will need to act diligently once they suspect wrongdoing to benefit from such tolling. If the defendant is actively trying to hide the fraud, the statute can be extended until the victim actually discovers it.
- Sexual crimes: In California, the statute of limitations for sexual abuse will differ based on the victim’s age, severity of the offense, and whether the case is civil or criminal. Most adult felony sexual crimes will usually have a 10-year limit (California Penal Code ยง 801.1), though recent laws, like Assembly Bill 2777, provide a temporary revival window for certain civil claims involving survivors. Child sexual abuse cases will have no statute of limitations for civil actions if the incident happened on or after January 1, 2024. The survivor may file a lawsuit at any time with no expiration date included (PC ยง 340.1), previously capped at age 40 or 5 years after discovery. Since these rules can be complex, a California sexual assault attorney can help you understand your rights and options.
Are There Exceptions That Can Extend or Shorten the Statute of Limitations?
Specific circumstances can extend or shorten the statute of limitations for civil claims depending on the type of case you have. For instance, delayed discovery can add onto the deadline. If an injury, damage, or breach was not immediately detected, the clock may start from the date the harm was, or reasonably should have been, discovered. Certain scenarios that can affect the duration of pursuing legal action include the following:
- If the individual is under 18 or legally incapacitated, the time limit may be paused until they are of age or regain the ability to act on their own behalf.
- For claims against a government agency, an administrative claim must be submitted within six months before filing a lawsuit. Missing this deadline can prevent you from recovering compensation for the losses you endured.
- Some offenses may be punishable by life imprisonment or serious felonies will have longer statutes set in place or no limitations at all under the California criminal statute structure.
The statute of limitations can be tolled under several circumstances, meaning the clock may pause before time passes again. These tolling rules apply in civil and criminal statutes depending on the situation. An attorney can help determine whether your deadline is paused or extended after reviewing your case.
What Happens if a Lawsuit Is Filed After the Statute of Limitations Has Expired?
If a civil lawsuit or an attempt to bring charges is made after the statute of limitations has expired, the court will have it dismissed. In criminal matters, prosecutors will not proceed with filing criminal charges once the deadline has been passed, unless the offense falls under the no time limit category or qualifies for an exception.
For defendants, the statute of limitations stops the government from bringing criminal charges after too much time passes, particularly when evidence gets old and memories start to fade. If prosecutors try to proceed after the deadline, criminal defense attorneys will typically argue that the clock has run out.
There are a few exceptions, however, with specific offenses that have longer statutes or situations where the clock has paused because of tolling rules. But, the main idea remains the same. If the time limit is over, the case generally cannot move forward. Courts can also look at whether long delays were unfair to the defendant, which can add another layer of protection against state claims.
Not Sure How Long You Have to File a Claim? Call West Coast Trial Lawyers Today
If you are uncertain about your timeframe for pursuing legal action, it is important to understand that each case has its own deadline, and missing that window can prevent you from acquiring compensation. Many people are not aware of their timeline because rules will vary depending on the type of accident and who was involved.
To learn how to proceed with your case, you can reach out to West Coast Trial Lawyers. Our California personal injury attorneys are readily available to assess your situation and determine the statute of limitation that may apply.
Reach out to us today to schedule a FREE consultation by calling (213) 927-3700 or completing our quick online contact form.
