What Are The Statutes Of Limitations For Personal Injury Law In California

Understanding the Statutes of Limitations for Personal Injury in California

You can protect your legal rights by being aware of the statute of limitations in California and submitting your claim by the filing deadline. A case must be filed within a specified time, usually two years from the date of the harm, according to California courts. Even if your claim is legitimate, you could lose your right to sue and pursue compensation if you miss the deadline. California law allows several specific exceptions. Being aware of these deadlines and exceptions and taking quick action guarantees that your claim is upheld and provides you with the best chance for a favorable outcome.

What is a Statute of Limitations?

The legal time frame during which a person must bring a lawsuit or pursue legal action for a specific offense is known as the statute of limitations. Regardless of its validity, the person forfeits the right to file a lawsuit after it expires. The type of case and the jurisdiction in which it is filed determine the statute of limitations. A statute of limitations is intended to prevent any witness memories from fading over time, to avoid problems with evidence, and to promote the prompt settlement of disputes.

What Is the Statute of Limitations in California for Personal Injury?

For personal injury cases, the statute of limitations in California is two years from the date of the injury. Within two years, your lawyer must file a case with the court to recover damages for your injuries.

Exceptions include:

Claims Against Government Entities: Administrative claims must be filed within six months of the injury date.

Minors: The statute of limitations is paused for anyone under 18, giving them until their 20th birthday to file.

Delayed Discovery Rule: If an injury isn’t immediately apparent, the two-year limit starts from the date the injury was discovered or reasonably should have been discovered.

When Defendant Leaves the State: Another exception may happen if the defendant leaves California.

You will forfeit the right to pursue your claim if you miss the filing date. Make sure you follow the California statute of limitations for your case by hiring an attorney to help you submit your claim.

Statute of Limitations for Different Types of Personal Injury Cases

The statute of limitations for California personal injury cases falls under these categories:

Car Accidents: After a car accident, the California statute of limitations for filing a lawsuit is two years from the date of your injury. For property damage claims, you have three years to file a claim.

Slip and Fall or Premises Liability Cases: For injuries resulting from hazardous conditions on someone’s property, the statute of limitations is also two years from the date of the injury.

Medical Malpractice Claims: Victims of medical malpractice have three years from the date of the injury or one year from when the injury was discovered or should have reasonably been discovered, whichever occurs first.

Wrongful Death Cases: In wrongful death cases, the statute of limitations is two years from the date of the deceased person’s death.

What Happens If You Miss the Filing Deadline?

If you miss a filing deadline or statute of limitations, for a personal injury claim in California, you will probably lose your legal right to seek compensation through the court system. The defendant’s attorney can file a motion to dismiss the case, and the court will usually grant it because the lawsuit was filed outside the legal time frame.

Exceptions are rare and specific. Knowing and complying with relevant deadlines and seeking legal advice as soon as possible is important so you don’t give up your right to compensation and damages.

How to Protect Your Rights Within California’s Statute of Limitations

When it comes to personal injury lawsuits and California’s statute of limitations, it is best to take immediate action to protect your rights. Keep a record of every detail of your injuries, including witness accounts, photos, and medical documents. Missing a filing deadline can affect your case and any settlement or compensation. The defendant’s lawyer could be far less inclined to reach a settlement that benefits you if you miss a filing deadline, and he can use it to fight your case. This is why it’s so important to speak with a personal injury attorney as soon as possible. A qualified California personal injury attorney knows the specifics of California law and understands the importance of the applicable deadlines.

To sue a government agency, your lawyer must submit your administrative claim within six months of your intended claim. In situations where injury discovery is delayed, get medical help immediately and record the awareness date. These actions increase your chances of getting restitution and guarantee you don’t miss any important deadlines.

Get Expert Legal Guidance for Statute of Limitations from Novik Law Group

Our attorneys at Novik Law Group have many years of experience filing cases in the state of California and winning millions of dollars for our personal injury clients like you. If you’ve been injured due to someone else’s negligence, let us review the details of your case and your evidence. Whether you’ve had a slip and fall accident or have a more complex personal injury, as experienced litigators, we can help you win your case. Our skilled attorneys can get started on your claim immediately. Call us today to schedule a complimentary consultation so you won’t miss the deadline to file your claim.