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#CALIFORNIA HOW TO#
#CALIFORNIA CODE#

Talk to a lawyer if you have any doubts about how much time you have. The statute of limitations for government claims can be complicated to figure out. But do not count on having 2 years to file your claim. If you do not get a rejection letter, you have 2 years to file from the day the incident occurred. If the government agency denies your claim during the 45 days, you have 6 months to file a lawsuit in court from date the denial was mailed or personally delivered to you. For breach of contract and real property damage cases: You must file your administrative claim within 1 year of the date the contract was broken or the real property damage occurred.Īfter you file your claim, the government has 45 days to respond.

#CALIFORNIA CODE#

Review California Government Code section 905 and section 911.2 or talk to a lawyer.)

For personal injury or personal property damage, you must file your administrative claim within 6 months of the date of the injury.

You have to use the government’s form to file the claim. When you sue a government agency, you first have to file a special claim (called an "administrative claim") with the government office or agency before you file in court. Your court's self-help resources may also be able to help you find out more about the statute of limitations in your case.

#CALIFORNIA HOW TO#

If you have any doubts about how to calculate the time you have, talk to a lawyer. See a table for “statutes of limitations” in many types of cases.įiguring out when the statute of limitations runs out on a claim is not easy. Some crimes, such as murder, are considered so terrible that they often have no statute of limitations period. If the claim is denied, you can then file your lawsuit in court but there are strict limits to when, so read the section on government claims and the chart on statute of limitations below. Claims against government agencies: You must file a claim with the agency within 6 months (for some cases, 1 year) of the incident.Property damage: Three years from the date the damage occurred.Breach of an oral contract: Two years from the date the contract was broken.Breach of a written contract: Four years from the date the contract was broken.If the injury was not discovered right away, then it is 1 year from the date the injury was discovered. Personal injury: Two years from the injury.Here are the statutes of limitations for some common types of legal disputes: The period of time during which you can file a lawsuit varies depending on the type of legal claim. In general, once the statute of limitations on a case “runs out,” the legal claim is not valid any longer. Most lawsuits MUST be filed within a certain amount of time. A statute of limitations is the deadline for filing a lawsuit.