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What is the statue of limitations on a personal injury / medical malpractice case in California?

What is the statue of limitations on a personal injury / medical malpractice case in California?

personal injury
PhiloftheFuture asked:


I was told that it is 4 years from the date of injury?
So is that the date that it happened, or the date that the injury from what happened set in ?

Also someone else said that, it is the above OR the date that you became aware of the event, or the injury ?

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Comments

  1. Barb R says:

    In most states -2 years is the limit, but contact a lawyer.

  2. whitefangz1 says:

    In California the statute of limitations on medical malpractice is 3 years from the date of injury or 1 year from the date you reasonably should have discovered the injury, whichever is sooner. In other words, you have one year from the date you realize you were injured, up to a maximum of 3 years.
    Tolling applies in cases of concealed injury. For example, if you had surgery and the doctor left a medical instrument inside of you, you couldn’t reasonably be expected to know about it until it starts to cause problems. The statute of limitations would not start until you discovered the concealed injury. Therefore, if you find out 10 years later that an object was left inside you during surgery and now it is causing complications, you would have one year from the date of discovery to file a claim.

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