Civil Litigation
California Statute of Limitations
What Is the Statute of Limitations?
The statute of limitations is the deadline for filing a lawsuit. If you miss it, you generally lose the right to sue, no matter how strong your case. Deadlines vary by case type and are set by the California Code of Civil Procedure.
Common Statutes of Limitations
- Personal injury: 2 years from date of injury
- Medical malpractice: 1 year from discovery or 3 years from injury, whichever is earlier
- Written contract: 4 years
- Oral contract: 2 years
- Property damage: 3 years
- Fraud: 3 years from discovery
- Defamation: 1 year
Tolling and Exceptions
The statute of limitations may be "tolled" (paused) in certain circumstances—such as if the defendant is out of state, the plaintiff is a minor, or the plaintiff is mentally incapacitated. Consult an attorney to understand how deadlines apply to your case.
Frequently Asked Questions
How long do I have to file a lawsuit in California?
It depends on the type of case. Personal injury: 2 years. Written contracts: 4 years. Oral contracts: 2 years. Property damage: 3 years. Fraud: 3 years from discovery. Consult an attorney promptly.
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