Definition
The statute of limitations is the legally mandated deadline for filing a civil lawsuit; missing the deadline results in permanent loss of the right to sue regardless of the merits.
In California Personal Injury Cases
For California personal injury claims: two years from the date of injury (CCP Section 335.1). Medical malpractice: one year from discovery or three years from the act under MICRA (CCP Section 340.5). Government entities: six months for administrative claim under Government Code Section 945.4. Minor victims: tolled until age 18 (CCP Section 352). Discovery rule may toll the period for latent injuries.
California Law Context
California personal injury law applies this concept within the framework of pure comparative fault (Li v. Yellow Cab Co., 1975), the two-year statute of limitations (CCP Section 335.1), uncapped damages for non-malpractice injuries, MICRA for medical malpractice, the Government Claims Act for government entity defendants, and the full spectrum of California personal injury legal standards across vehicle accidents, premises liability, product liability, workplace accidents, and wrongful death.
Frequently Asked Questions
What is Statute of Limitations in California personal injury law?
The statute of limitations is the legally mandated deadline for filing a civil lawsuit; missing the deadline results in permanent loss of the right to sue regardless of the merits.
How does Statute of Limitations affect a California personal injury claim?
For California personal injury claims: two years from the date of injury (CCP Section 335.1). Medical malpractice: one year from discovery or three years from the act under MICRA (CCP Section 340.5). Government entities: six months for administrative claim under Government Code Section 945.4. Minor victims: tolled until age 18 (CCP Section 352). Discovery rule may toll the period for latent injuries.
How does this concept apply differently across the major personal injury categories in California?
Statute of Limitations applies with some variation across California personal injury categories. In vehicle accident cases, it operates within the negligence and negligence per se framework governed by the California Vehicle Code. In premises liability, it interacts with the Rowland v. Christian duty of care standard. In product liability, it applies within Greenman v. Yuba Power Products strict liability. In medical malpractice, it must be evaluated alongside MICRA's specific rules for the medical professional context. Understanding how Statute of Limitations applies to your specific injury category is essential to evaluating your California personal injury claim.