What is the statute of limitations for personal injury in California?

What the Law Says

California law sets strict time limits for filing medical malpractice lawsuits. The rules balance patient protection with fairness to health care providers by limiting how long a claim can be delayed.

The main rule is found in California Code of Civil Procedure section 340.5. It says that a lawsuit must be filed within three years after the date of injury or one year after the plaintiff discovers (or reasonably should have discovered) the injury — whichever occurs first.

There are important exceptions. For minors under age six, the deadline is extended to three years after the injury or before their eighth birthday — whichever is later. However, no claim may be brought more than seven years after the act or omission, except in cases of fraud, intentional concealment, or foreign object left in the body.

Before filing suit, plaintiffs must usually give the defendant at least 90 days’ written notice of intent to sue — though this does not extend the statute of limitations.

Statutory Text

In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.

— Cal. Code Civ. Proc. § 340.5 — Actions against health care providers

Statutory Text

In no event shall the time for commencement of legal action exceed three years unless tolled for any of the following: (1) Upon proof of fraud, (2) Intentional concealment, or (3) Presence of a foreign object in the person's body.

— Cal. Code Civ. Proc. § 340.5 — Actions against health care providers

Statutory Text

If the plaintiff is a minor under the age of six years at the time of the alleged act or omission, the action shall be commenced within three years or prior to the minor's eighth birthday, whichever provides a longer period.

— Cal. Code Civ. Proc. § 340.5 — Actions against health care providers

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