Many people have heard the term Statute of Limitations, but usually in the context of a criminal story in the news. But of course in California there are statute of limitations that limit the time that you can file a lawsuit for personal injuries. If you are an adult then Code of Civil Procedure (CCP) Section 335.1 sets the limit at two years from the wrongful act. But if the injured person is a minor (anyone under 18 at the time of the incident), then the limit per CCP Section 335.1 is tolled until the minor’s 18th birthday, per CCP Section 352. That means that a minor who suffers a personal injury other than a medical malpractice injury has until their 20th birthday to file a lawsuit.
Of course you don’t have to wait until you child is 20 to pursue a claim on behalf of your child or for them to pursue their own claim. So if you child suffered a broken bone, dog bite, scar or other injury that you did not pursue compensation for within two years of the wrongful act, then you still have time to get your child compensation. Consult with a consumer attorney and find out what compensation your child is due from the wrongful party and their insurance company.
If your claim is a medical malpractice action then the statute of limitations are as follows:
California Medical Malpractice Summary
Statutes of Limitations
A medical malpractice action for injury or death must be brought within one year from the date the claimant discovered the negligent act, but no more than three years from the date of injury. Cal. Civ. Proc. Code § 340.5 (West 1992). For retained foreign body cases, the statute is tolled until the claimant discovers or should have discovered the injury. Ashworth v. Memorial Hosp. of Long Beach, 206 Cal. App. 3d 1046, 254 Cal. Rptr. 104 (1988), rehearing denied, March 23, 1989.
Actions by or on behalf of minors must be brought within three years from the date of the negligent act, unless the child is under the age of six, in which case the action must be commenced within three years or prior to the child’s eighth birthday, whichever provides the longer time period. Id. It is notable that the statutory period begins to run for adults at the time of discovery but for minors at the time of the negligent act. Although the California Supreme Court has yet to address this anomaly, other courts have begun to read a discovery rule into the provision for minors, on the theory that not to do so would deny minors the equal protection of the law. Photias v. Doerfler, 45 Cal. App. 4th 1014, 53 Cal. Rptr. 2d 202 (1996); Katz v. Children’s Hospital of Orange County, 28 F.3d 1520 (9th Cir. 1994).
If a claimant is insane, a guardian can be appointed to permit the claim to be brought within the required time limit. Cal. Civ. Proc. Code § 372 (West Supp. 1998).