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CALIFORNIA
STATUTES OF LIMITATION
Statutes of Limitation restrict
the time period that a person can file a lawsuit.
These statutes not only vary by state, but they
also vary by cause of action. The following guide
provides limitations periods for each state,
but only for particular causes of action; those
related to Personal
Injury, Medical
Malpractice, and Products
liability claims. The sections
discussing special rules for minors only apply
to the causes of action listed for that particular
state..
Personal Injury Actions
California requires an injured person to file a
claim for personal injuries within two years
of the date of the injury. This time limitation
includes claims for personal injury caused by
defective products.
Medical Malpractice Actions
Actions against health-care providers must be filed
within three years after the date of the injury
or one year after the plaintiff discovers, or
should have, discovered the injury, whichever
occurs first. The only exception is for medical
malpractice claims based on the presence of a
foreign object found inside the injured person’s
body. In that case, the statute of limitations
will not begin to run until the person discovers,
or should have discovered, the object. These
time limitations also apply to minors six years
of age and older. In the case of a minor under
six, the action must be filed within three years
of the date of the injury or before the minor’s
eighth birthday, whichever time period is greater.
Special Rules for Minors
Except in cases of medical malpractice, a minor
has two years from the date of his or her 18th
birthday to file a tort claim.
A Personal
Iinjury Lawyers provide
you a Free
Consultation.
- They
accept no fee until a money recovery is
made for you. All fees come from successful
case settlements.
- The
client never pays an expense or fee unless
the case is settled successfully.
- A
Personal Injury Lawyer will visit you at Home
or in the Hospital.
- They
will also initiate an investigation of your
case without cost to you.
If you or someone you know has suffered due to
a personal injury, we can help.
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