What Is A "Statute of Limitations"

A statute of limitations is a law which places a time limit on pursuing a legal remedy in relation to wrongful conduct. After the expiration of the statutory period, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking money damages or other relief.

The following statute of limitations are general provisions and as such no warranties are given as to their veracity. Independent research is necessary to ensure the correct dates for filing your client's claim.

Cause of Action                               Statute of Limitations Provision(s)

Personal Injury:                               2 vears ("Code of Civil Procedure §§ 335.1,340)

Product Liability:                              2 years (Code of Civil Procedure § 335.1)

Fraud:                                              3 vears (Code ofCivil Procedure § 338(d))

Libel / Slander / Defamation:          1 vear (Code of Civil Procedure § 340(c))

Injury to Personal Property:            3 vears (Code ofCivil Procedure § 338 (c))

Contracts:

 Written.              4 vears (Code of Civil Procedure §337)
Oral.                    2 vears (Code of Civil Procedure § 339)

Government Claims:                       6 months from date ofloss (Government Code §§901,911.2)

                                                       6 months from rejection of claim (Government Code §§ 913T  945.6(a)nV)

Medical Malpractice:                      1 year from the date that the injured person knew, or through the exercise of reasonable diligence should have known, of the injury and of its negligent cause, or, three 3 years from the date of the actual injury, whichever occurs first. (Code of Civil Procedure § 340.5)

Professional Malpractice:               1 year from date of discovery, to a maximum of four years from the  date of the wrongful act. (Code of Civil Procedure § 340.6)
(Legal Malpractice)