California Statute of Limitations
This guide will walk you through and give you a brief understanding of California's Statute of Limitations.
California Statute of LimitationsCauses of action in California are all subject to statutes of limitations. This means that a cause of action must be filed with the appropriate court before a certain time. If not, then the cause of action is lost and you will not be able to successfully recover for that cause of action.
Statute of Limitations for Various Types of CasesThe Statute Of Limitations For Car Accidents and most Personal Injuries
The statute is 2 years from the accident per incident per CCP 335.1;
Cars accidents are frequently litigated, so it is very important to know how long you have before you need to file a lawsuit. Again, if you fail to file within the two year period, you will have waived the right to bring suit and recover for that cause of action.
Here are various statutes of limitations applicable to common causes of action:
Assault or Battery is 2 years from the incident per CCP 335.1;
Breach of Oral Contract is 2 years from breach per CCP 339(1);
Breach of Written Contract is 4 years from breach per CCP 337(1);
Fraud is 3 years from the discovery of the fraud per CCP 338(d);
Personal Injury or Wrongful Death is 2 years from the incident per CCP 335.1;
Damage to Personal Property is 3 years from the incident per CCP 338(c); and
Damage to Real Property is 3 years from the incident per CCP 338(b).
Of course the area of statute of limitations can become quite complex. For example, Statute of Limitations may be tolled, waived, or suspended. Since the area of Statue of Limitations can be complicated, it is very important to speak with an experienced attorney about properly handling your claim.
If you have any questions or concerns, please do not hesitate to contact us.