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 has practiced law throughout California, Connecticut, and Louisiana.

Evan worked for and defended insurance companies during the first 7 years of his practice. Since 2015, he has represented people with personal injury and property damage claims and insurance disputes.

Evan’s practice is devoted to serious personal injury claims and catastrophic property damage claims. Areas of focus include security claims against bars and other businesses, government tort claims, fire and flood claims, and inverse condemnation. On behalf of clients, Evan has fought insurance firms, international companies, cities, bars, and casinos.

Evan regularly shares his expertise with other attorneys by teaching courses on insurance and inverse condemnation. He has taught several continuing legal education courses to Attorney Credits, a nationwide CLE company, and ProLawCLE, another nationwide CLE company. He also contributes to various podcasts and publications.

Associations:

  • Member, State Bar of California
  • Member, San Diego Bar Association
  • Member, Consumer Attorneys of California
  • Member, Consumer Attorneys of San Diego
  • Member, La Jolla Bar Association
  • Member, La Jolla Village Merchants Association
  • Member, San Diego Chamber of Commerce