QUESTION: What is the statute of limitations for a personal injury case? ANSWER: According to the California Code of Civil Procedure, the statute of limitations for most personal injury claims is two (2) years. The two-year time limit applies to cases of “assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another” (CCP § 335.1).
QUESTION: What is the statute of limitations for filing a wrongful death suit in the state of California? My son was murdered in 2008 and I am interested in filing a tort case. ANSWER: According to the California Code of Civil Procedure (CCP), there is generally a two-year statute of limitations for claims involving death of a person “caused by the wrongful act or neglect of another” (CCP § 335.1). This means that a suit should be filed within two years from the death of the person, otherwise the claimant.