The statute of limitations is two years, pursuant to California Code of Civil Procedure section 335.1.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.
General Personal Injury 2 years, Medical Malpractice 1 year.
No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices of Norman Gregory Fernandez.
One year in CA.
READ THIS BEFORE CALLING OR EMAILING ME: I am licensed in the Commonwealth of Virginia, addressing your issue does not create an attorney-client relationship and I AM NOT providing you legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.
The statute of limitations for personal injury actions is 2 years (CCP section 335.1). However, if the product that caused your injury is a chemical product or pharmaceutical product, the injury may not immediately manifest itself. (For example, a person who is exposed to asberstos may not become aware of an injury from such exposure until more than 2 years after such exposure.) In such a circumstance, the discovery rule may apply. When applicable, the "discovery rule" permits a suit to be filed within a certain period of time (usually one year) after the injury and its cause (i.e., the negleigence of a third party) is discovered or should be discovered.
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.
Two years from the date you knew or should have known of the injury but for a minor (someone under 18 years old), it is two years after their 18th birthday or in other words, when they turn 20. But it is very complex for minors in medical malpractice cases in California. A California medical malpractice attorney should be able to tell you this if you give them the facts. You can also check my website at www.jdbohnlaw.com. I am a California personal injury lawyer and California medical malpractice lawyer.
Sign up to receive a 3-part series of useful information and advice about personal injury law.