When it comes to filing civil lawsuits, California has strict deadlines – those are called statutes of limitations. If you miss that deadline, it means you lose your right to bring a claim entirely.
Under the California Code of Civil Procedure, each type of civil case will have its own time limit. In this article, we will explore the key filing deadlines, and when exceptions may extend or shorten them.
Why Statutes of Limitations Matter
The purpose of statutes of limitations is to ensure that cases are filed while evidence is still available, and witnesses can still recall events. If you do file after the deadline, the defendant will have the right to ask the court to dismiss the case, and in most cases, judges will do so.
Remember: even if your case is strong, it can still be barred.
California’s deadlines range from one year to four years, depending on the claim and the circumstances.
Common Civil Statutes of Limitations in California
- Personal injury: 2 Years
- Under CCP § 335.1, injured parties generally have two years from the date of injury to file a lawsuit. This applies to car accidents, slip-and-falls, assault and battery, and general negligence.
- In the event the injury is not discovered immediately, California’s delayed discovery rule comes into play – it may extend the deadline to one year from the date when the injury should have reasonably been discovered.
- Property Damage: 3 Years
- Under CCP § 338, plaintiffs have three years to sue for damage to real or personal property. Examples include car damage, vandalism, or home damage.
- 3. Breach of Written Contract: 4 Years
- Under CCP § 337, a claim for breach of a written contract must be filed within four years.
- Breach of Oral Contract: 2 Years
- Under CCP § 339, lawsuits involving oral agreements must be filed within two years.
- Medical Malpractice: 1 Year / 3 Years
- Under CCP § 340.5, the deadline is either 1 year from the date the patient discovered (or should have discovered) the injury, or 3 years from the date of the negligent act—whichever comes first.
- Government Claims: 6 Months (Administrative) + 6 Months to Sue
- Claims against government agencies (city, county, state, school district) require an administrative claim filed within 6 months under the Government Claims Act. If denied, the individual has 6 months from the denial to file a civil lawsuit.
Exceptions That May Extend or Pause the Deadline
- Tolling for Minors
- If the injured individual is under the age of 18, this usually means that the statute of limitations is tolled (paused) until they turn 18.
- In a case of medical malpractice, minors will generally have until age 8, or the standard time limit – whichever is later.
- Delayed Discovery Rule
- This applies when the wrongdoing or injury wasn’t known immediately.
- The clock starts when the plaintiff either knew or should have known of the harm.
- Defendant Out of State
- Under CCP § 351, the deadline may pause if the defendant leaves California before the lawsuit can be filed.
- Fraud or Concealment
- If the defendant hid the wrongdoing, courts may extend the filing period.
What Happens If You Miss the Deadline?
If you file after the statute of limitations expires, it’s almost guaranteed that courts will dismiss your case. What’s more is that insurance companies will also refuse to negotiate once the right to sue is gone.
There are limited exceptions, but they are rare and fact-specific. This is where speaking with an experienced attorney early will help protect your rights.
If you believe you have a civil claim and want to file, don’t wait. Remember that California’s filing deadlines are very strict, which is why you must act quickly to protect your right to compensation.
Contact us today for a consultation. One of our seasoned attorneys at Scott Mitchell Law will be in touch with you to discuss your case and offer you the guidance that will ensure you file properly and obtain the compensation you deserve.