The statutes of limitations (SOL) is the timeframe in which someone can bring a lawsuit. This means that a plaintiff has a certain amount of time in which to bring a lawsuit; if the plaintiff does not bring the lawsuit within the specified SOL timeframe, that plaintiff generally loses the right to recover from damages.
In California, the statutes of limitations for personal injuries varies. Generally, the statute runs when the plaintiff knows or should know of the injury.
Some California limitation periods are as follows:
|Type of Injury||CA Limitations|
|Asbestos Exposure||1 year from discovery|
|Breach of oral contract||2 years|
|Breach of written contract||4 years|
|False imprisonment||2 years|
|Fraud||3 years from discovery|
|Legal malpractice||1 year from discovery|
|Medical malpractice||1 year from discovery|
|Personal injury||2 years|
|Property damage||3 years|
There are, however, exceptions to the statute of limitations. If you are minor, or there is a delay in discovering an injury, California law provides some exceptions. Because of the complexity in determining whether your case falls into an exception where the statute of limitations is temporarily suspended, or if you or someone you know has a personal injury case, it is recommended that you immediately seek a personal injury attorney or professional so that you do not lose your legal right to recover damages.
Authored by Scott D. McDonald, Esq.