California law requires that an action against a health care provider, (hospital, doctor, nurse, etc.) for injury or death caused by professional negligence must be filed with THREE (3) YEARS after the date of injury, or ONE (1) YEAR after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. An action may be barred by either the one-year or the three-year period, and the “date of injury” that begins running of the limitations period may be different for purposes of each of those periods.
In the absence of fraud or collusion between the guardian and the physicians, actions by a minor for medical malpractice shall be commenced within THREE (3) YEARS from the date of the alleged wrongful act except that actions by a minor under the full age of six (6) years shall be commenced within THREE (3) YEARS or prior to his eighth birthday, whichever provides a longer period.
An injured person(s) lose(s) the right to make a claim regardless of the seriousness of the injuries or the fact that the defendant(s) may be clearly at fault, if the lawsuit is not filed within these time periods.
- In some instances, only SIX (6) MONTHS are provided by law within which you may file a verified claim, or else you lose your rights completely. Generally, you are required to file your claim within six (6) months of the incident if the responsible party is a governmental entity (a city, county, state, public hospital, MTA bus, etc.), or one of it’s employees. Even after a claim is timely filed, suit must also be filed within 6 months after the date of rejection of the claim by the governmental entity, or again, your rights are forever barred.
- In some instances, i.e., a personal injury claim against the Federal Government, a person may have more time than that indicated above within to file a claim or lawsuit. (c) In some instances, i.e., a personal injury claim where there has been fraudulent concealment of pertinent information or other type of exceptional non-discovery of material facts, a person may have more time than that indicated above within to file a claim or lawsuit. (d) In some instances, i.e., a claim where a minor (person under 18 years old) has been injured, a person may have more time than that indicated above within to file a claim or lawsuit, usually up until the person becomes 19 years old. 6. There may be other exceptions as to the time period in which a lawsuit must be filed, and it is therefore EXTREMELY IMPORTANT THAT YOU CONSULT AN ATTORNEY IMMEDIATELY IF YOU HAVE ANY INTENTION TO, OR WISH TO GO FORWARD WITH A PERSONAL INJURY LAWSUIT.
Act now: Personal Injury Lawyer, Garry S. Malin
Practice Area SpecialtiesBelow are some of the areas I cover, if you have a particular case or question, feel free to call anytime, (805) 496-2244.
- Car/Motorcycle/Bike Accident
- Dog Bites
- Defective Merchandise/Products
- Construction accidents
- Property/ Homeowner Negligence
- Burn Victims
- Injured Victims Whom Require Specialty Surgeries
- Brain and Head Injuries
- Wrongful Death of a Loved One