California's Statute of Limitations
Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.
Wrongful Death
In most cases, a wrongful death action must be filed within two years of the date of death. In cases where the wrongful death action is based upon exposure to asbestos, however, the action must be filed within one year from the date of death or within one year from the date the plaintiff first knew, or through the exercise of reasonable diligence, should have known that exposure to asbestos caused or contributed to the death, whichever date is later.
Personal Injury Actions
California requires an injured person to file a claim for personal injuries within two years of the date of the injury. This time limitation includes claims for personal injury caused by defective products.
Medical Malpractice Actions
Actions against health-care providers must be filed within three years after the date of the injury or one year after the plaintiff discovers, or should have discovered, the injury, whichever occurs first. The only exception is for medical malpractice claims based on the presence of a foreign object found inside the injured person’s body. In that case, the statute of limitations will not begin to run until the person discovers, or should have discovered, the object. These time limitations also apply to minors six years of age and older. In the case of a minor under six, the action must be filed within three years of the date of the injury or before the minor’s eighth birthday, whichever time period is greater.
Special Rules for Minors
Except in cases of medical malpractice or wrongful death, a minor has two years from the date of his or her 18th birthday to file a tort claim.
Please note: State law information collected from LexisNexis™ electronic database in 2005. All of our lawyers are licensed to practice in the state of Pennsylvania. We also have lawyers licensed to practice in Ohio, and West Virginia and we associate with experienced attorneys in other states.
The materials at this web site have been prepared by our Law Firm for information purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. These materials do not, and are not, intended to constitute legal advice. Readers should not act upon this information without seeking professional counsel. The information provided at this site is subject to change without notice. Although we try to keep our site current and accurate, you should not rely on this information or its applicability to any specific circumstances without speaking with an attorney.
