Personal Injury - Adult: Please be aware that a complaint on your behalf with respect to a personal injury claim must be filed within two years from the date of the injury, or any rights to recovery which you may have, will be forever lost, if injury occurred on or after 1/1/2003. For injuries occurring before that date, you may have only one year. Different insurers handle this issue differently. Use caution and seek legal advice immediately. We cannot advise you. If the defendant is a public entity, there is a claim that must be filed within six months of the injury before a complaint can be filed (see below). Uninsured motorist claims require a special demand for arbitration to your insurance carrier, under particular rules, within two years of the date of the accident (as of 1/1/04).

Personal Injury - Minor: Please be aware that a complaint on behalf of a minor with respect to personal injuries must be filed before the minor's 20th birthday (two years from age of majority, if injury occurred on or after 1/1/03), or any rights to recovery which the minor may have will be forever lost. If the defendant is a public entity, there is a claim that must be filed within six months of the injury before a complaint can be filed (see below). Uninsured motorist claims require a special demand for arbitration to your insurance carrier, usually within one year. Birth injuries and medical malpractice are different. See below.

Personal Injury and Medical Malpractice Claims Against Government Entity: Civil actions (lawsuits) against a state or local government entity may not be filed unless a governmental claim is filed first, within six months of the injury (this applies to any type of injury, property or personal). After a government claim is filed with the governmental entity, within six months thereafter, pursuant to certain regulations, a complaint or civil action may be filed in a court seeking a recovery. This complaint must be filed within a year of the injury (unless certain exceptions apply). In the event that a governmental entity claim is not filed within six months, under certain circumstances a late claim may be allowed to be filed if it is filed within one year. In the case of a minor, the court may permit a late claim to be filed within one year if an application to file late claim is filed with the public entity. However, we strongly recommend that all claims be filed within the six month period. If the government entity is a federal agency, the claim period is two years.

Product Liability: Actions regarding dangerous or defective products against manufacturers, or the suppliers, marketers, distributors or sellers of their products must be commenced within two years of the date of the injury.

Insurance Bad Faith: Actions arising out of an insurance company's failure to meet its obligations under its policy of insurance may be based on may variables. Therefore, we strongly suggest that you consult another attorney immediately to determine the applicable statute under which you may seek legal recourse for any damages sustained to you.

Medical Malpractice - Adults: California law requires that medical malpractice actions be commenced within one year from the date that you knew, or through the exercise of reasonable diligence should have known, of the injury (including death), and of its negligent cause, or three years from the date of the actual injury, whichever occurs first. The same applies to other adult family members who may have a right to sue for such matters as loss of consortium, emotional distress, etc. The three-year limitation period may be extended if fraud is involved, or intentional concealment by a defendant, or when a foreign object which had no therapeutic purpose is left in the human body.

Medical Malpractice - General: California law provides in certain situations that by serving a written notice on a health care provider, within the 90 days prior to the expiration of the applicable statute of limitations period, the time limit period provided by statute may be extended by 90 days. In other words, the time periods set out in the above paragraph could be extended 90 days if notice is given in accordance with the applicable law. However, there is much uncertainty concerning these limitation periods and, therefore, compliance with the shortest possible period applicable, without regard to the notice provision, is recommended.

Medical Malpractice - Minor: The times in which to bring actions by minor are very much dependent on facts, such as whether injury occurred during or after birth, the age at which the child was injured, whether fraud is involved, and a number of other considerations. As such, you must consult with an attorney immediately to determine the applicable timelines in your individual case

Medical Malpractice - Arbitration: If you received care under an agreement (such as the Kaiser plan) requiring controversies to be submitted to arbitration, such agreements generally require that you request arbitration within the applicable statute of limitations or as provided in the contract. You should immediately review and comply with the health plan agreement in this regard, provided all negligent parties are working for the health group.

Legal Malpractice: Actions arising out of legal professional negligence shall be commenced within one year from the date that you knew or through the exercise of reasonable diligence should have known, of the facts constituting the wrongful act or omission, but not more than four years from the date of the wrongful act or omission, whichever comes first. In some circumstances, the limitation period may be extended. Therefore, we strongly suggest that you consult another attorney immediately to determine the applicable statute under which you may seek legal recourse for any damages you may have sustained.

Contract: Actions based on breaches of oral obligations must be commenced within two years of the breach, and those based on breach of written obligations within four years of the breach.

Fraud: Actions based on fraud must be commenced within three years of discovery of the facts constituting the fraud.

Miscellaneous: THIS LIST IS VERY LIMITED AND IS NOT INTENDED TO BE COMPREHENSIVE. THERE ARE OTHER EXCEPTIONS AND TIME PERIODS THAT APPLY TO MOST CASES. THEREFORE, YOU MUST CONSULT A LAWYER WITHOUT DELAY.