What Are The Statutes Of Limitations In California?

The innocent and the beautiful

Have no enemy but time.

-W.B. Yeats

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.

 

 

Evan Walker

Evan W. Walker is a La Jolla attorney who has practiced law since 2008. He is licensed to practice in California, Connecticut, and Louisiana. His entire practice has been in litigation.

Evan is from a small town outside of New Orleans. He attended law school in New Orleans, which was interrupted by Hurricane Katrina. After evacuating to Houston, Evan graduated in 2008 as part of the ‘Hurricane Katrina Class.’

After graduation, Evan worked for a New Orleans insurance defense firm. He defended insurance companies against Hurricane Katrina lawsuits brought by homeowners and business owners.

In 2010, he and his wife moved to New Haven, Connecticut, so his wife could complete a medical residency at Yale. During the next few years, Evan worked for Travelers Insurance Company defending countless personal injury lawsuits.

In 2014, he moved to San Diego so his wife could complete a medical fellowship at UCSD. He then opened his own firm to represent people after years of defending insurance companies.

Evan is a Featured Faculty at Attorney Credits, a CLE company, and a regular contributor to various podcasts and publications. He has also been interviewed by San Diego television stations about his cases and practice.

Evan spent almost a decade as a defense attorney who defended insurance companies from personal injury and property damage lawsuits. He knows how insurance companies bully people and deny claims. And he knows how to fight them.

Bar Admissions: California Connecticut (inactive) Louisiana (inactive)

Acta Non Verba

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