The innocent and the beautiful
Have no enemy but time.
Litigation lives and dies on deadlines.
Causes of action in California are subject to statutes of limitations. That means a cause of action must be filed with the appropriate court before a certain time. If not, the cause of action is lost and you will never successfully recover for that cause of action.
The Statute Of Limitations For Medical Malpractice
- The statute is 1 year from the date of discovery of the misfeasance or 3 years from the injury per CCP 340.5
- It’s important to note that the time is 1 year, not 2 years like most other personal injury causes of action.
The Statute Of Limitations For Car Accidents
- The statute is 2 years from the accident per incident per CCP 335.1;
- Cars accidents are frequently litigated, so it’s important to know how long you have before a lawsuit should be filed.
And here are several statutes of limitations applicable to common causes of action:
- Assault or Battery is 2 years from the incident per CCP 335.1;
- Breach of Oral Contract is 2 years from the breach per CCP 339(1);
- Breach of Written Contract is 4 years from the breach per CCP 337(1);
- Fraud is 3 years from the discovery of it per CCP 338(d);
- Personal Injury or Wrongful Death is 2 years from the incident per CCP 335.1;
- Damage to Personal Property is 3 years from the incident per CCP 338(c); and
- Damage to Real Property is 3 years from the incident per CCP 338(b).
Of course this area can become complicated. Statutes of limitation, for example, may be tolled, waived, or suspended. And claims against Government Entities are subject to strict statutes of limitations.
Because this area of law can become complicated, speak to a San Diego Personal Injury Attorney about your cause of action.
Questions? Contact Me for a free consultation.