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California Statute of Limitations
A statute of limitation is a common law legal system that sets forth the maximum time period after certain events such as a wrongful death that legal proceedings may be initiated.
Statutes of limitations are predicated by fairness. Statutes of limitations provide closure which encourages courts and law enforcement agencies to handle a wrongful death or personal injury lawsuit in a timely way.
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California statutes of limitations
- For negligence – 2 years
- For medical malpractice – 3 years from injury or 1 year from discovery of injury (whichever occurs first)
- For product negligence – 2 years or 2 years with discovery rule
- For wrongful death – asbestos cases=1yr of (D.O.D) or from first knowing; others = 2 years of D.O.D.
- For survival – 1 year
Caps on attorney’s award is a sliding scale, not to exceed 40% of first $50,000, 33 1/3% of next $50,000, 25% of next $500,000, and 15% of damages exceeding $600,000.
California limits noneconomic damages for medical malpractice cases and product liability cases to $250,000; ditto for pharmaceutical cases.
California minor tolling-Except in cases of medical malpractice or wrongful death, a minor has two years from the date of his or her 18th birthday to file a tort claim.
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Local Trial Lawyers
Consumer Attorneys of California
770 L Street, Suite 1200
Sacramento, CA 95814
916.442.6902
http://www.caoc.com/CA/index.cfm
State Police
California Highway Patrol
PO Box 942898
Sacramento, CA 94298-0001
916.657.7261
http://www.chp.ca.gov/index.html
Pennsylvania Statute of Limitations
In Pennsylvania, the statute of limitation for a wrongful death, personal injury, product liability, and medical malpractice lawsuit is two years.
