The statute of limitations sets the deadline for filing a lawsuit or criminal charge. It is the legally prescribed period within which a lawsuit or prosecution must be initiated. If you miss the deadline, your claim may be barred. Because these deadlines vary by claim type and can be affected by special circumstances, determining the correct statute of limitations is critical
Civil Statutes of Limitations in California
California’s civil limitation periods are organized by claim type. The most common deadlines are:
- Personal injury and wrongful death – 2 years from the date of injury.
- Property damage, trespass, fraud – 3 years from the date of damage or as to fraud the date of discovery or such date that the claimant should have discovered the wrongdoing.
- Breach of written contract – 4 years from the date of breach.
- Breach of oral contract – 2 years from the date of breach.
- Libel or slander – 1 year from publication or statement.
Tolling: When Deadlines are Paused
Certain circumstances may toll the statute of limitations, meaning the clock temporarily stops running. When tolling ends, the statute of limitations resumes.
Common tolling situations include:
- The plaintiff lacks legal capacity
- The plaintiff is a minor
- Certain situations where defendant is absent from the state
- Certain periods of imprisonment
- Court-ordered emergency tolling
Statute of limitation issues are fact specific, and specific circumstances may affect how the statute of limitations period is measured. If you are unsure which statute applies or whether tolling may extend your time to file, consulting with an attorney can help ensure your claim is preserved and timely prosecuted. Please contact our office to schedule a consultation with an experienced attorney.
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