In California, every legal case has a time limit. This is called the statute of limitations. It creates a deadline for filing a lawsuit. If you miss the deadline, the court can dismiss your case.
Filing on time is something you expect your legal team to handle. If they missed a deadline, is this legal malpractice? Below are some key points to consider.
Common time limits in California
The following types of claims have these time limits under California law:
- Personal injury: 2 years from the date of injury
- Breach of written contract: 4 years
- Breach of oral contract: 2 years
- Medical malpractice: 1 year from discovery or 3 years from the injury, whichever comes first
- Property damage: 3 years
Even if your claim is valid, missing a deadline can result in losing the right to sue.
Why courts enforce deadlines
Statutes of limitations help keep the legal process fair. As time passes, evidence can be lost and memories can fade. Deadlines encourage people to file claims while the facts are still fresh.
In some situations, the deadline may be paused. This is called tolling. For example, the time limit may stop running if the person is under 18, mentally incapacitated or if fraud prevents discovery of the claim. These situations are limited and must meet specific legal standards.
Can missed deadlines be legal malpractice?
When a legal team fails to file a case on time, it can harm the client. In California, this can result in a legal malpractice claim. To succeed, the client must show that the legal team had a duty, breached that duty and caused damage.
Missing a statute of limitations can end a case before it begins. If you have been let down by a previous legal team, seeking the appropriate legal guidance can help correct that wrong.