How Long Can You Wait to Sue Someone?

Are you wondering how long can you wait to sue someone? If so, it’s a good idea to learn about the different factors that play into this question.

Read further to find the explanation of important details.

Introduction

In the state of California, you have the right to sue another party for a long list of reasons. Exactly how long you have to sue, however, is a different story.

As with most American states and jurisdictions, statutes of limitation dictate exactly how long you can wait to sue someone after an incident occurs. Specific time frames depend highly on the nature of the incident, what you are suing for, and the type of lawsuit. This can make it challenging to determine the right deadline for your case.

In this guide, you’ll learn the basics of California’s statute of limitations as they apply to lawsuits and other issues concerning torts. We’ll also tell you what might happen if you don’t file in time, how to ensure you’re following the right deadlines, and what to do if you need more information.

What is a Statute of Limitations?

A statute of limitations is a law that dictates the maximum amount of time for an individual or organization to initiate legal proceedings after an incident. These regulatory codes apply to both civil lawsuits and criminal law.

Statutes of limitation vary depending on how the laws are structured for a state. The limitations set in place for Florida, for example, may be vastly different than the laws in California. That’s why it’s so important to always check the deadline for filing a case the moment you realize you might need to file.

Here are two examples:

• Criminal Law: In the state of California, a person can typically only be charged with a misdemeanor for up to one year after the incident. However, there is no statute of limitations (meaning no time limit) on murder charges.
• Civil Law: The state of California’s Proc. §335.1 limits the filing of personal injury lawsuits past the two-year mark. This deadline begins from the moment the incident occurs. However, if the case involves other factors, the deadline can be much longer – up to three years from when the person realizes they were affected.

We’ll explore other statutes of limitations in the next few sections. For now, the most important takeaway is that the deadline for filing a suit can vary dramatically case-by-case. You should never assume you know the deadline unless you check.

When Does the Deadline Start?

Confusion often exists around when a statute of limitations begins – and with good reason. In some cases, the clock starts ticking from the moment the event itself occurs (e.g., when you have a car accident). This is straightforward and relatively easy to understand.

But what about when someone finds out they were harmed or negatively affected by another party’s actions years after the fact? Some – but not all – limitations provide allowances for this by starting the deadline from the “time of discovery.”

For example, you might discover years after having surgery that your surgery was botched. The time of discovery would be the moment your current doctor informed you of the harm and/or confirmed it was caused by malpractice.

On the other hand, you couldn’t come back 20 years after a business defrauds you and sue them for fraud. The statutes simply don’t provide this option.

Cases where the deadline begins at the time of discovery are almost always medical, legal, or associated with a large-scale class action. This is mostly because other statutes simply don’t allow for it. Still, there are always exceptions to the rule.

What Happens If You Miss a Deadline?

Statutes are very concrete. What this generally means is that if you miss a deadline, you forfeit the right to sue – at least under that particular statute.

Being even a day, or an hour, over the deadline still counts, which is why it’s so important to take action quickly as soon as you know you have a problem. Waiting too long can jeopardize your ability to succeed, not to mention cause you to lose money and waste time.

Important and Noteworthy Statutes of Limitation

Most civil law cases in California fall into one of several specific categories. We’ll list these categories, and their associated deadlines, in this section.

• Personal Injury (CCP § 335.1) In nearly all cases, the deadline for filing standard personal injury cases against another party is two years from the moment the event occurs. There are no allowances for time of discovery and/or delayed deadline initiation unless another statute applies.
• Property Damage (CCP § 338) You have three years from the moment property damage occurs to file a lawsuit against the other party. This limitation also applies to trespassing and other similar violations of private property.
• Breach of Contract, Written (CCP § 337) If someone enters a contract with you, and that contract is in writing, (e.g., an agreement to purchase an item), you retain the option to sue them for up to four years. This deadline initiates from the moment the contract is first signed.
• Breach of Contract, Verbal (CCP § 339) Contracts initiated orally (by verbal agreement between two or more parties) are still valid under the eyes of the law. Thus, you have the right to sue someone who violates them for up to two years after the initial agreement is made.
• Libel or Slander (CCP 340) You have up to one year to sue someone you believe has harmed you, or your reputation, through libel or slander. This includes written harms and spoken harms shared in any form.
• Lawsuits Against Government Agencies (CGC § 911.2.a) Cases filed against the government, their agencies, or anyone representing them are subject to varying timelines. Personal injury lawsuits must be filed within six months. Being a minor at the time of the incident, being incapacitated, or being inadvertently surprised by undiscovered elements that delay your ability to sue may extend this timeline up to a full 12 months.

• Class Action Lawsuits are much, much more complex, and involve statutes from many areas of law. Deadlines can run anywhere from one year to 10 years – and even then, the processing of the case itself can take years longer to resolve. A lawyer can give you a more accurate assessment of time.

Conclusion

Still feeling unsure about when the deadline for your lawsuit begins? Your next step should be to have a consultation with a lawyer who specializes in your area of need. Call a lawyer referral service today and make the process quick, easy, and stress-free – many consultations are even free!