What are the limitations periods in California?
The period of time you have to submit a claim is known as a statute of limitations. Your claim can be rejected if you submit it after the statute of limitations has run out. Every case is unique, and consequently, each claim’s statute of limitations may change depending on the specifics. This is why it’s crucial to contact legal counsel as soon as possible. Avoid taking the chance that the statute of limitations will lapse and you will lose your ability to file a claim.
The “statute of limitations” serves as a kind of deadline for each of your claims in California and abroad. The statute of limitations term establishes a deadline by which you must submit the relevant claim. The court may dismiss your claim if you wait too long to file and do so after the statute of limitations has passed, which is likely to happen.
Because each case is unique, the applicable statute of limitations will likely change depending on the facts. Those who are not familiar with the profession of law may find the dynamic nature of litigation to be rather perplexing. It is crucial to consult a lawyer as soon as you can because if the statute of limitations runs out, you will no longer be able to file a lawsuit to recover damages.
Now, each state has its own set of laws regarding the statutes of limitations. Therefore, it’s crucial to comprehend the fundamentals and to keep these restrictions in mind as you proceed with submitting a claim.
According to the Judicial Branch of California, some of the more often encountered California statutes of limitations include:
Common California Limitation Periods
Each state has its own regulations regarding statutes of limitations. These restrictions must be understood and kept in mind if you’re thinking about making a claim. The Judicial Branch of California lists a few of the typical California statutes of limitations as follows:
Personal Injury Limitations Statute
Two years from the date of the injury, the personal injury statute of limitations in California starts to run. The statute of limitations time, however, starts to run one year after the day the harm was detected if it wasn’t identified straight away.
Statute of Limitations for Property Damage
California’s property damage statute of limitations starts to run three years after the damage was sustained.
Medical Malpractice Limitations Period
The medical malpractice statute of limitations starts to run 3 years after the injury’s actual date of occurrence or one year after you first became aware of it (whichever is the earlier date between the two).
Limitations on Workers’ Compensation
To file a claim under workers’ compensation, you, the injured employee, must inform your employer within 30 days of the incident. If you don’t, you risk losing important workers’ compensation benefits.
Statute of Limitations for Sexual Harassment
In California, persons who have experienced sexual harassment have just six months from the alleged incident to submit a complaint with the U.S. Equal Employment Opportunity Commission (EEOC).
Statute of Limitations for Contract Breach
If the agreement was in writing, you have four years from the day the agreement was breached to pursue a claim for breach of contract in California. You only have two years from the date the contract was broken if it was an oral agreement.
Federal claims
The Judicial Branch of California has ruled that before you may file a lawsuit in a court of law, you must first make an administrative claim with the same branch of government you are bringing legal action against.
You have a six-month statute of limitations timeframe for submitting that initial administrative claim. For example, you must file a claim for property damage and personal injury within six months of the triggering event and a claim for contract violation and real property damage within one year.
The Rule of Discovery
There are a variety of exceptions established by California law that give plaintiffs more time to submit their claims before the statute of limitations expires. The “Discovery Rule” is arguably the most significant exception.
The statute of limitations does not start to run until the plaintiff finds (or should discover) that they were truly harmed and are therefore entitled to file a lawsuit, according to an exception made by the discovery rule.
How does that function?
Imagine you are a victim of a slow-moving vehicle collision. Your doctor’s initial diagnostic tests reveal that you didn’t sustain any major injuries, despite the fact that you left the scene believing you hadn’t been hurt. However, a CT scan four years later reveals that you have spinal degeneration brought on by the accident.
The current personal injury statute of limitations in California is two years from the date of the injury. The court would often reject your claims if you tried to file them four years beyond the deadline. You could use the discovery rule, though, given the circumstances.
You would have one year to submit your claims to the court (starting from the date that you discovered the injury). As a result, you could file your claim 4 or even 7 years after your injuries and still be eligible to pursue your claim.
Get in touch with a lawyer for a free consultation.
You should see a lawyer as soon as possible, regardless of the kind of claim you want to submit.
The California-based lawyers in our network here at 11112222 can assist you in pursuing your claims while making sure that you do it promptly and without breaking California’s statutes of limitations. If you have a prospective case, our knowledgeable attorneys can inform you about it over the phone.
Call us right away to speak with a local attorney in no more than 10 minutes. Don’t wait to file because consultations are confidential and free, as doing so could result in your case being dismissed.
Our staffs are on hand to assist around-the-clock in both English and Spanish. We’re interested in talking to you more.