The deadline rule, discovery rule, minor tolling, and notice-of-claim requirements — in plain English, with a calculator at the bottom.
Code of Civil Procedure §340.5; MICRA (Medical Injury Compensation Reform Act)
1 year from discovery of injury, OR 3 years from the date of the injury (whichever is SHORTER). The 3-year absolute cap is a repose — hard ceiling regardless of when injury was discovered. **MICRA** caps non-economic damages (recently raised — as of 2025, non-death cases $430K, death cases $600K, rising annually). Government-entity (county hospital, UC medical): **6-month notice of claim**. Minor tolling: under 6 = 3 years OR until age 8, whichever is LATER.
Missing a statute of limitations is the #1 malpractice claim against plaintiff attorneys. In California, the baseline is 1 years — but the tolling doctrines above can extend or shorten that. Calculate the exact deadline for YOUR case facts using the free tool:
Enter the incident date, discovery date, minor flag, and government-entity flag. Get the deadline in 10 seconds.
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