Tolling Statute of Limitations - California Deadlines for Personal Injury Claims

Whenever victims in California decide to file a legal claim against another party who has caused them injury, one of the most important things they have to consider is the statute of limitations period. Even with a strong case built on solid evidence of the wrongful act, missing the statute of limitations deadline can result in the entire lawsuit being thrown out of court.

As such, a good lawyer will always remind their client of the importance of filing a lawsuit soon after the statute of limitations begins. Whether they are dealing with a personal injury case over a small incident or a very serious medical malpractice lawsuit, it is important for victims to always keep one eye on the clock.

However, there are certain cases in which the statute of limitations can be extended or "tolled." This is where having a good attorney becomes crucial. Goss Law is a criminal defense practice and does not handle personal injury cases. Anyone with a personal injury claim should contact a personal injury lawyer right away. Goss Law can provide more information on a felony statute of limitations California.

What Is a Statute of Limitations?

The simplest definition of a statute of limitations is that it is the deadline by which a California claim or lawsuit must be filed with the relevant court. Once the statute of limitations expires, the victim will no longer be able to pursue damages against the defendant according to the California civil jury instructions under the civil procedure section 335.1.

Statute of Limitations for Personal Injury Cases

In most cases, for personal injury cases, the statute of limitations period begins to run on the day the personal injury or negligent act occurs and expires exactly two years later. Some examples of cases with this statute of limitations are:

• Automobile accidents
• Product liability claims
• Slip and fall accidents
• Dog bites

However, not all civil lawsuits have the same statute of limitations period. The following are some other types of legal disputes that have different statutes of limitations:

• Claims against government agencies - Claim must be filed within six months (or one year in some cases) of the incident
• Property damage - Three years from the date the damage occurred
• Breach of an oral contract - Two years from the date the contract was broken
• Breach of a written contract - Four years from the date the contract was broken
• Damage to personal property - Three years from the date the property damage occurred

Four Cases in Which the Statute of Limitations Can Be Tolled

There are certain cases in which the circumstances will allow the victim more time to file their claims at a much later date than is normally the case. This is called tolling.

There are two different kinds of tolling: statutory tolling and equitable tolling.

Statutory Tolling

Statutory tolling is set by the Legislature. California laws allow an extension of the deadline in cases in which the victim is:

• A minor (Code of Civil Procedure 352)
• Lacking the legal capacity to make decisions (Code of Civil Procedure 352)
• In prison, for up to two years (Code of Civil Procedure 352.1)

Once the condition that activated the tolling period ends, the normal statute of limitations begins to run. There are important exceptions. For example, minority tolling is limited for medical malpractice claims (Code of Civil Procedure 340.5) and for claims against government agencies.

Equitable Tolling

Equitable tolling is different. It is a judge-made doctrine, and the victim will only be granted extra time if they establish the following:

• Reasonable and good faith conduct
• Lack of prejudice to the defendant
• Timely notice to the defendant

Equitable tolling can be applied in certain circumstances to give the victim more time to file a claim.

Can a Wrongful Death Statute of Limitations Be Tolled?

In most cases, California laws apply a strict two-year statute of limitations period on all wrongful death cases. However, on rare occasions, certain circumstances can allow the courts to extend this period.

A good example is when the discovery rule is applied. In this case, the plaintiff must show that they had no opportunity to learn about the death of their loved one until later.

Here, the court may allow the statute of limitations to start running from the date on which the death was discovered by close family members.

Death due to medical malpractice is also another situation that complicates a wrongful death claim. Under Code of Civil Procedure 340.5, a medical malpractice claim must be filed within three years of the injury or one year after it was discovered, whichever comes first. That time limit can be tolled for fraud or intentional concealment.

On the other hand, some situations may actually shrink the deadline, such as when filing a wrongful death lawsuit against a California government agency.

Here, the victims will only have six months to file their claim, unlike the two years they would have had if their loved one had died from, for example, an ordinary car accident. For questions about criminal cases, criminal defense attorney Blair Goss may be able to help.

Emergency Rule 9

The COVID-19 pandemic resulted in a lot of changes in how civil cases were handled during that period of widespread restrictions.

As such, several legal remedies were applied in California that affected how statutes of limitations and equitable tolling were handled.

The emergency rule 9 is one such example. Furthermore, the California State Judicial Council adopted this legal remedy on April 6, 2020. As amended, Emergency Rule 9 tolled civil statutes of limitations from April 6, 2020, until October 1, 2020, for statutes longer than 180 days, and until August 3, 2020, for statutes of 180 days or less.

Such an intervention was necessary to prevent cases of legal malpractice or victims missing their deadlines because of travel restrictions.

What to Do After Being Injured in an Accident

After being injured in an accident caused by someone else's negligence, victims must take the following steps to ensure that they have the best chance of receiving fair compensation:

• Seek medical attention
• Gather evidence
• Retain medical records and receipts of bills
• Contact a good personal injury attorney

Find a Personal Injury Lawyer

Missing a deadline can cost a victim their entire claim.

As such, victims need to hire proper legal representation whether they think a tolling period can be applied to their cases or they are not sure when the statutes of limitations will expire.

Goss Law does not handle personal injury cases. Anyone with a personal injury claim should contact a personal injury lawyer, or the State Bar of California's certified lawyer referral services, as soon as possible.