Statutes of Limitations: Is It Too Late to Sue FAQ

Questions:

• How long do I have to file my lawsuit?
• Are statutes of limitations for suing someone always one year?
• What are the statutes of limitations for suing government agencies?
• What are the statutes of limitations in California?
• When does the clock start ticking for statutes of limitations?
• I'm defending myself in a lawsuit for something that happened years ago. Will the judge automatically throw the case out?

Answer:

What are the statutes of limitations in California?

Below you'll find California's statutes of limitations for many common types of lawsuits. Different time periods may apply in your state, so be sure to check your state's rules carefully. However, the California rules are fairly typical and should give you a good idea of what you're likely to find when you read your state's rules.

• Medical malpractice actions: Three years from the date of injury or one year from the date of discovery of the injury, whichever occurs first.
• Breach of an oral contract: Two years.
• Breach of a written contract: Four years.
• Suits for libel or slander: One year.
• Personal injury claims based on negligence: Two years.
• Suits for injuries resulting from domestic violence: Three years from the last act of domestic violence.
• Childhood sexual abuse: Eight years from the victim's 18th birthday or three years after the victim realizes that physical or psychological injury has resulted from childhood sexual abuse, no matter what the victim's age.