California Statute of Limitations: Deadlines for Personal Injury and Other Claims

1What is the California Statute of Limitations?

The California Statute of Limitations is a legal period of time within which a lawsuit can be filed in court. If you do not file a lawsuit within this period, you usually lose the right to seek compensation through the courts.

In California, personal injury lawsuits generally have to be filed within 2 years. Personal property damage lawsuits generally have to be filed within 3 years. According to California Code of Civil Procedure (CCP) § 335.1, a wrongful death lawsuit in California generally must be filed within 2 years from the date of the person's death.

According to CCP § 377.60, eligible claimants under the law generally include the deceased person's surviving spouse, domestic partner, children, and certain other heirs or dependents.

However, who can file a wrongful death lawsuit depends on the claimant's legal relationship with the deceased and the applicable statutory requirements. Therefore, it is important to check the relevant legal requirements before determining your right to sue.

General Timelines for Various Cases in California

3 Important Things to Know About the Statute of Limitations

Simple meanings of important legal terms

2California Personal Injury Lawsuits: 2-Year Time Limit

Under California Code of Civil Procedure (CCP) § 335.1, a person physically injured by another person's wrongful act or negligence generally has 2 years to file a lawsuit. This period usually starts counting from the date of the injury.

This rule may apply to various types of accidents and personal injury claims.

What types of personal injury cases typically have a 2-year statute of limitations?

• Car Accidents: If you are injured in an accident due to another driver's mistake, carelessness, or violation of traffic laws.
• Truck and Commercial Vehicle Accidents: If you are injured in an accident involving a truck, delivery van, or other commercial vehicle.
• Motorcycle Accidents: If you are injured in a motorcycle accident due to the negligence or mistake of another driver.
• Bicycle Accidents: If you are injured while riding a bicycle due to the carelessness of a driver or someone else.
• Pedestrian Accidents: If you are injured by a car while crossing the street or walking.
• Slip and Fall Accidents: If you are injured by slipping and falling due to dangerous conditions in a store, restaurant, building, or other location.
• Dog Bite Injuries: If you are physically injured by someone else's dog.
• Workplace and Construction Accidents: If you are injured at a workplace or construction site due to the negligence of a responsible person or organization other than your employer. Workers' compensation claims are subject to separate rules.
• Product Liability Injuries: If you are physically injured due to the use of a defective product.
• Physical attack (assault and battery): If you are injured due to someone else's intentional physical attack.
• Emotional distress: If the emotional harm is caused by the negligence or intentional conduct of another, the 2-year statute of limitations may apply depending on the legal basis of the claim. However, the same rule should not be assumed for all types of emotional harm claims.

• Wrongful death: In California, if someone dies due to the wrongful act or negligence of another person, eligible heirs or dependents can file a wrongful death lawsuit under CCP § 377.60.

  Eligible claimants generally include the deceased person's surviving spouse, domestic partner, children, and certain other heirs or financially dependent family members.

  According to CCP § 335.1, a wrongful death lawsuit must generally be filed within 2 years from the date of the person's death.

  However, specific legal rules may apply depending on the circumstances of the death. In particular, if the death was caused by medical malpractice or government negligence, different deadlines or filing requirements may apply. Therefore, it is important to check the relevant statutory requirements before filing a lawsuit.

More about personal injury time limits

• Time calculation: Usually, 2 years are counted from the date of injury. In some cases, the Delayed Discovery Rule may apply.
• If a government agency is involved: Instead of the general 2-year rule, a written claim must generally be submitted to the government agency within 6 months, and separate deadlines apply for filing a lawsuit under the Government Code.

• Medical negligence: According to California Code of Civil Procedure (CCP) § 340.5, a lawsuit for medical negligence or medical malpractice must generally be filed within whichever of the following two time limits expires first:

  1 yearThe case must be filed within 1 year from the date the injured person discovered, or through reasonable diligence should have discovered, the injury.

  3 yearsThe case must be filed within 3 years from the date the injury or damage occurred.

  Generally, whichever of these two time periods ends first is considered the filing deadline for the case. However, this deadline may change or be extended in certain special circumstances. These include cases of fraud, intentional concealment, and the presence of a foreign object with no therapeutic or diagnostic purpose in the patient's body. In addition, different rules may apply in the case of minors.

• Property damage: A 3-year time limit generally applies to lawsuits involving personal or real property damage.

3Property damage cases: 3-Year Time Limit

Under California Code of Civil Procedure (CCP) § 338, certain lawsuits involving personal and real property damage generally have a 3-year deadline. Separate provisions also cover specific claims involving conversion and fraud.

This time limit may also apply to situations other than car accidents. However, the same legal subsections or rules do not apply to all types of property damage.

What type of property damage claim is usually within 3 years?

1. Car Accident Property Damage: If your car is damaged due to the negligence or mistake of another driver, you can claim the cost of repairing the car or its fair market value if the car is completely destroyed.
2. Personal Property Damage: If your mobile phone, laptop, furniture, clothing, or other personal belongings are damaged due to an accident or someone else's actions.
3. Home and Building Damage: If your home, building, garage, or other real property is damaged due to someone else's negligence or actions.
4. Fence and Wall Damage: If your home's walls, fence, gate, or boundary wall is broken or damaged by a vehicle or person.
5. Trespass to Real Property: If someone else enters your land or property without permission and causes damage.
6. Conversion (Wrongful Taking of Personal Property): If someone wrongfully takes possession of your car, valuables, or other personal property, or refuses to return it.
7. Vandalism: If someone intentionally damages your car, home windows, doors, or other property. The time limit depends on the type of damage and the applicable legal claim.
8. Financial or property loss through fraud: If someone deceives you by providing false information or withholding important information, resulting in financial or property loss. According to CCP § 338(d), the 3-year period generally begins to run from the discovery of the fraud or mistake.
9. Slander of Title: If someone spreads false claims about the ownership of your land or house through false statements or information and this causes you harm.

Important points about the property damage period

• Damage to personal property: Usually, the 3-year period starts counting from the date of loss.
• Damage to real property: In the case of damage to land or buildings, there is usually a 3-year period available.
• Fraud cases: The 3-year period usually begins to run from the time the fraud or mistake is discovered.
• If bodily injury and property damage occur together: There is usually 2 years for bodily injury and 3 years for property damage.
• If a government agency is involved: Claims for personal property damage usually have to be submitted to government agencies within 6 months, and for real property damage, usually within 1 year.
• Not 3 years for all property damage: The time frame may vary depending on the type of damage, the responsible party, and applicable law.

4Claims Against Government Agencies: 6-Month and 1-Year Rules

In California, a separate legal process must be followed to claim compensation for car accidents, bodily injuries, or property damage caused by a government agency or organization.

The process for making a claim against a government agency is different from the process for making a claim against a private individual or organization. In many cases, a written claim must be submitted to the relevant government agency before a lawsuit can be filed in court.

Under what circumstances can a claim be made against a government agency?

• If an accident involves a city or county government vehicle.
• If someone is hit by a government bus or school bus.
• If an accident occurs due to potholes, broken sections or dangerous conditions on public roads.
• If someone is injured due to unsafe conditions in a government building or place.
• If personal injury or property damage occurs due to the act or negligence of a government employee.

Deadline for filing government claims under California Government Code § 911.2

According to California Government Code § 911.2, the time limit for submitting a written claim to a government agency generally depends on the type of claim.

These deadlines apply to submitting claims to government agencies. They are different from the deadlines for filing a lawsuit in court.

What does a government agency do after receiving a claim?

According to Government Code § 912.4, a government agency generally has 45 days to decide on a properly submitted claim. During this time, the agency may accept or reject the claim.

If an agency rejects a claim, it is generally required to provide written notice under Government Code § 913. If the claim is rejected in whole or in part, this notice must include a warning about the time limit for filing a lawsuit.

• If the agency sends a written rejection notice: According to Government Code § 945.6, a lawsuit must generally be filed within 6 months from the date the notice was personally delivered or deposited in the mail.
• If the agency does not provide the required written rejection notice: Generally, a lawsuit must be filed within 2 years from the date the cause of action accrues.

If the agency does not make a decision on the claim within 45 days, the claim is generally deemed rejected under the law. However, this does not mean that the 6-month lawsuit deadline automatically begins without considering the written notice required by Government Code § 913.

Where and how to submit a claim against a government agency?

Where to submit your claim depends on which government agency you are claiming compensation against.

1. Claim against the California State Government

• The Department of General Services (DGS) Government Claims Program can be used to file a claim against the California state government.
• Claims can be submitted online or by mail, as per the procedure prescribed by DGS.
• There is usually a $25 fee to submit a claim through the DGS Government Claims Program.
• If you have financial difficulties, you can apply for a fee waiver or a reduced fee.
• This $25 fee is related to the DGS claim submission rules. The same fee does not apply to every city or county government.

2. Claims against California City or County Government

If you are injured by a city or county government vehicle, bus, or other government property, you must submit a claim to the designated claims office for that city or county. Each government agency may have its own claim form and submission procedure.

3. Accidents caused by Caltrans or government roads

The California Department of Transportation (Caltrans) is responsible for owning, operating, and maintaining certain roads and highways in the state. However, which government agency is responsible for an accident depends on who owns and controls the road or property in question.

5When Can the Time Limit for Filing a Lawsuit Be Suspended or Changed?

California law allows the statute of limitations to be tolled (suspended), or a different statute of limitations to apply, in certain circumstances. However, each exception has its own conditions. It is not a good idea to assume you have additional time based on an exception that does not apply to you.

If the Injured Person Is a Minor

According to California Code of Civil Procedure (CCP) § 352, the statute of limitations is generally tolled while the injured party is under the age of 18. This rule allows a minor to file certain personal injury lawsuits even after they turn 18. However, some exceptions apply depending on the type of claim.

There are special rules for medical malpractice claims under CCP § 340.5. Generally, a minor's medical malpractice claim must be filed within 3 years from the date of the wrongful act. However, for children under 6 years of age, the claim must generally be filed within 3 years from the date of the wrongful act or before the child turns 8 years old, whichever is longer.

Different rules apply to claims against government agencies. The six-month government claim presentation deadline is not automatically suspended if a person is a minor. Special rules also apply to late claim submissions under Government Code § 911.4.

If the Responsible Person Is Outside California

CCP § 351: Under certain circumstances, the statute of limitations may be tolled while the liable person is outside California. However, courts have limited this rule, especially in cases involving interstate commerce, and it does not apply to all cases.

6Insurance Claim and UM/UIM Coverage Deadlines

Submitting a claim to the insurance company and filing a lawsuit in court are not the same thing. Negotiations or claim settlement processes with the insurance company do not usually suspend the deadline for filing a lawsuit in court.

As a result, even if negotiations with the insurance company continue, the 2-year period may pass. Therefore, in addition to handling insurance claims, the time limit for filing a case in court must also be taken into account.

What is UM/UIM coverage?

If the other driver is uninsured or underinsured, Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage may apply.

This coverage is governed by California Insurance Code § 11580.2 and the terms of your insurance policy.

UM Claim Deadline Is 2 Years

According to California Insurance Code § 11580.2(i)(1), to maintain the right to claim under uninsured motorist (UM) coverage, the insured must generally take at least one of the following steps within 2 years from the date of the accident:

Simply discussing the accident or pursuing settlement negotiations with the insurance company does not automatically fulfill these legal requirements.

There are also special rules for completing the arbitration process. According to § 11580.2(i)(2), arbitration must generally be completed within 5 years after it is commenced. However, a different time limit may apply for completing arbitration if a workers' compensation claim arises from the same accident.

Insurance Company Claim Handling Timeline

Under the California Department of Insurance Fair Claims Settlement Practices Regulations, insurance companies also have specific deadlines for handling claims.

• After receiving a claim, the insurance company usually has 15 days to acknowledge receipt of the claim, provide the necessary forms and instructions, and begin an investigation.
• The claim must usually be accepted or rejected within 40 days of receiving proof of claim.
• After the claim is accepted, payment is usually required within 30 days.
• In some cases, the time may be extended due to applicable rules and exceptions.

Conditions for Claiming UM in a Hit-and-Run Accident

Under California Insurance Code § 11580.2, special conditions apply to certain claims involving unidentified drivers.

Usually:

• The accident must be reported to the relevant police department, sheriff, or California Highway Patrol within 24 hours of the accident.
• Then, a statement under oath must be submitted to the insurance company within 30 days.
• Usually, there must be physical contact between the unidentified vehicle and the injured person or the vehicle the injured person was occupying.

These terms apply to certain unidentified driver-related UM claims. The same rules should not be assumed for all types of hit-and-run accidents. Check the terms according to your insurance policy and the circumstances of the incident.

7What Happens If the Time Limit for Filing a Lawsuit Passes?

The opportunity to recover damages through the courts is generally lost if the time limit for filing a lawsuit has passed. However, whether any legal exceptions, suspension of the time limit, or other grounds apply must be determined based on the circumstances of the case.

The other party may raise the statute of limitations as a defense in court. If that defense applies, the court may dismiss the case even if you have strong evidence of the accident.

As the deadline approaches, your negotiating position with the insurance company may also be weakened. Therefore, it is important to take the necessary legal steps in a timely manner to protect your right to claim compensation.

Conclusion