Written advice on a California personal-injury question

Code of Civil Procedure section 335.1 sets a two-year period for the personal-injury and death actions it describes, measured after accrual under section 312. Special rules can apply. Section 340.5 governs specified health-care professional-negligence claims, and Government Code section 911.2 generally imposes a separate six-month presentation period for personal-injury or death claims subject to public-entity claim requirements. If the person entitled to sue is under the age of majority when the cause of action accrues, section 352(a) generally excludes the period of minority from the limitations period for actions within its coverage, but section 352(b) expressly excludes claims requiring presentation to a public entity; section 340.5 has separate rules for minors. The applicable rules and accrual date must be identified before calculating a deadline.

No. I provide written advice on one defined question. I do not undertake court or arbitration appearances. Representation in those proceedings requires a separate engagement with another lawyer.

I confirm one defined question, review the agreed materials and provide a written response identifying the issues and possible next steps within that scope.

No. I answer one defined question in writing. Preparing or sending a demand letter is outside this consultation.

For personal-injury or death claims subject to claim-presentation requirements, Government Code section 911.2 generally requires presentation within six months after accrual, and section 945.4 generally requires action on the claim or deemed rejection before suit. A written notice complying with section 913 generally starts a six-month lawsuit period upon personal delivery or deposit in the mail. Without that notice, section 945.6 generally provides two years from accrual, subject to statutory exceptions and extensions. Deemed rejection under section 912.4 alone does not start the notice-based six-month period or dispense with claim presentation.

Late-claim applications generally must be presented within a reasonable time not exceeding one year after accrual, subject to section 911.4's specified time exclusions. Section 911.4(c)(1) counts time during minority in that one-year period, although section 946.6 separately identifies minority as a potential ground for judicial relief if its statutory conditions are met. Under section 946.6, a court petition must be filed within six months after denial or deemed denial of the late-claim application; relief requires the statutory grounds. If relief is granted, suit must be filed within 30 days after the order.

For conduct within the scope of public employment, section 950.2 can make the bar against the employing entity apply to the employee as well, subject to the section's exception.

In personal-injury, property-damage and wrongful-death actions based on comparative fault, each defendant is liable only for the noneconomic damages allocated in direct proportion to that defendant's fault. These damages include pain, suffering and emotional distress. Section 1431.2 separately defines economic losses, such as medical expenses and lost earnings, but does not state how those economic damages are allocated among defendants. That issue requires separate analysis.

I ask for one defined question, a short factual summary, relevant dates and the names of the parties involved. Once I confirm the consultation scope, I identify the documents needed for that question.

No. I do not monitor deadlines or make filings as part of this consultation.

I assess the question and proposed scope through conflict and scope review before accepting the engagement.