California Statutes of Limitations
For civil cases, such as lawsuits, state statute of limitations laws define the time period in which a suit must be filed, as measured from the date of the incident.
By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed April 30, 2025
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Different types of cases have different deadlines under California law. It all depends on the nature of the claim. The statute of limitations period can range from one year to several years. This also depends on the type of case and the specific legal action. Understanding these deadlines is crucial to preserving your right to file a lawsuit or defend against one. The following article provides a general overview of statutes of limitations in California. This will help you navigate the specific time frames for various claims in the state.
If you need to file a lawsuit, contact a litigation attorney. If you are facing criminal charges, contact a criminal defense attorney right away.
The Policy Behind Statutes of Limitations
Statutes of limitations give a set amount of time for someone or a government agency to file charges or start a lawsuit after something happens (called a cause of action). Sometimes, the discovery rule allows more time if the person didn't know about the harm right away or couldn't easily find out the date of the injury. Once the time limit is up, the right to take legal action usually ends. But there are some exceptions that allow for longer periods of time.
California Civil Statutes of Limitations
For civil cases, state statute of limitations laws set the time period in which you must file a suit. This starts from the date the incident happened. The California Code of Civil Procedure outlines specific deadlines depending on the type of case. For example, you must file a personal injury case within two years. A wrongful death claim follows the same time limit.
Medical malpractice cases typically have a one-year deadline from the date the injury was discovered. Property damage claims must get filed within three years. Claims based on an oral contract have a two-year limit. Those based on a written contract allow four years.
For more specific information on California's statutes of limitations for civil actions, including personal injury, false imprisonment, and damage to personal property, visit FindLaw's California Civil Statute of Limitations.
California Criminal Statutes of Limitations
California criminal law sets specific time limits for prosecutors to file charges in criminal cases. These time limits are in the state's Penal Code. The statute of limitations varies depending on the severity of the crime. For example, embezzlement and DUI charges generally have shorter time frames. More serious offenses, such as certain sex crimes or domestic violence cases, may have longer periods or no time limit at all.
For a chart with the statutes of limitations for prosecutors to bring criminal charges in California, whether felony offenses or misdemeanor crimes, visit California Criminal Statute of Limitations.
Get Legal Advice From a California Attorney
If you're unsure about how California's statutes of limitations apply to your case, it's important to talk with an attorney. A personal injury attorney can help you understand the deadlines for filing lawsuits involving accidents, medical malpractice, or wrongful death. A criminal defense attorney can guide you on time limits for criminal charges. Getting legal advice ensures you don't miss important deadlines and protects your rights under California law.