In California, statutes of limitations establish strict deadlines for filing lawsuits. These deadlines vary depending on the type of claim, but they generally begin from the date the injury or incident occurred. However, there are specific exceptions to the statute of limitations in California that may allow a plaintiff (injury victim) to file a lawsuit after the standard time frame has passed.
Common Statutes of Limitations in California
Before exploring the exceptions, here are the standard deadlines for various types of claims:
Medical malpractice: 3 years from the date of injury or 1 year from the date the injury was discovered, whichever comes first (California Code of Civil Procedure § 340.5)
Exceptions to the Statute of Limitations in California
California law recognizes several circumstances where the statute of limitations may be paused or extended. These exceptions are legally referred to as “tolling” provisions and are as follows:
Delayed Discovery Rule
The discovery rule allows the statute of limitations to begin from the date the plaintiff discovered, or reasonably should have discovered, the injury. This exception often applies in cases where the injury is not immediately apparent, such as medical malpractice or toxic exposure.
Example: A patient discovers years later that a surgeon left a foreign object inside their body. The statute of limitations begins from the discovery date, not the surgery date.
If the plaintiff is mentally incapacitated or physically unable to file a lawsuit, the statute of limitations may be tolled under California law until the individual regains the capacity to act.
Defendant’s Absence from the State
If the defendant (at-fault party) leaves California after the injury occurs and before the plaintiff files a lawsuit, the statute of limitations may be tolled during their absence, under California Code of Civil Procedure § 351.
Fraud or Concealment
If the defendant actively concealed their wrongdoing or committed fraud, the statute of limitations may be extended until the misconduct is discovered. Courts apply this exception to prevent wrongdoers from benefiting from their deception.
Why You Should Consult an Attorney
California’s statute of limitations laws are complex, and exceptions are narrowly applied. An experienced Fresno personal injury attorney can review your case, determine whether any tolling provisions apply, and ensure that all legal actions are filed on time. Even if you believe your claim is close to or beyond the deadline, it is best not to assume it is too late. Speaking with a lawyer immediately can give you peace of mind and protect your rights as they help you explore all possible legal options.
