Statute of limitations
The deadline to file a lawsuit. Miss it and the claim is gone, however good it was.
It is the one thing on this site that cannot be argued about after the fact. Everything else is negotiable; this is not. This is general information, not legal advice.
What it means
The ordinary California deadline for a personal injury or wrongful death claim is two years from the injury. Medical negligence runs on a different clock — three years from injury or one year from discovery, whichever comes first.
Where a public entity may be responsible, a much shorter deadline applies first: a written claim generally has to be presented to that entity within six months, before any lawsuit. That one catches people constantly.
Filing a claim with an insurer does not stop the clock. Negotiating does not stop the clock. Only filing the lawsuit does.
Where this is dealt with properly
This entry is the short answer. These pages own the subject.
Common questions
- Does talking to the insurance company extend my deadline?
- No. Negotiation does not stop the clock, and an adjuster who is still discussing your claim a week before it expires is not obliged to warn you.
- What if a city vehicle or a road defect was involved?
- Then a six-month claim deadline almost certainly applies before the two-year one, and it is a deadline to present a claim to the entity, not to sue.
Start a case review call
On a case review call, I go through the facts with you: what happened, when, whether you were hurt, whether anyone represents you, and how to reach you. It is not legal advice, and I will not put a value on your claim.
Sources: Code Civ. Proc., § 335.1 (two years for personal injury and wrongful death); Code Civ. Proc., § 340.5 (medical negligence — three years or one year from discovery, whichever first); Gov. Code, § 911.2 (six months to present a claim against a public entity).