Statute of Limitations for Personal Injury in California

California personal injury laws allow you to seek financial compensation if someone else’s reckless actions or negligence harms you. However, you only have a limited amount of time to take legal action. The time limit to file an injury claim is known as a statute of limitations, and California courts strictly enforce it.

Failing to meet the statute of limitations in your personal injury case will most likely result in the dismissal of your case, preventing you from holding the negligent party liable for their wrongdoing. That means you lose your right to compensation forever.

Some exceptions exist that could give you additional time to prepare your case, but for the most part, there isn’t much you can do if the statute of limitations expires.

If you were injured due to someone’s negligent actions, don’t wait to discuss your case with a knowledgeable California personal injury attorney. At Demas Law Group, P.C., we can help you understand the next steps and the time you may have available to pursue the financial recovery you deserve. Contact our Sacramento office today.

What Does the Statute of Limitations Mean?

A statute of limitations is a law set by each state that defines the length of time a party has to take legal action against another person or entity.

In personal injury cases, the clock typically starts to run on the date of the accident that resulted in the victim’s injury. In cases that result in death, the statute of limitations begins on the date of the person’s death, not the date of the accident itself. Alternatively, it may start to run when the victim or family discovers, or should have reasonably discovered, that the injury was due to another’s negligence.

The statute of limitations may vary depending on the type of case you’re pursuing. Personal injury is a broad category, including a range of scenarios. The most common types of personal injury cases involve:

Why Is There a Statute of Limitations?

Statutes of limitations exist to ensure that plaintiffs initiate their cases promptly while the incident is still fresh in everyone’s mind.

Typically, investigating officers, insurance companies, and attorneys can interview people who saw what happened or provide testimony to support or refute the plaintiff’s claim. However, if an investigation doesn’t commence until years after the accident, those witnesses will likely forget crucial details or recall inaccurate facts.

Additionally, vital evidence proving who was at fault and how the victim’s injury occurred can become damaged or go missing over time. A statute of limitations helps to prevent these scenarios. It allows all parties to recall the events leading up to the incident clearly and for investigators to obtain reliable evidence.

What Is the Personal Injury Statute of Limitations in California?

The California personal injury statute of limitations depends somewhat on the type of case you wish to file. While the general guideline is two years, some technicalities could make the deadline different for you.

Following are the statute of limitations for different types of personal injury cases:

• Motor vehicle accidents – Two years
• Medical malpractice – Three years from the injury date or one year from the date of discovery of the injury
• Premises liability – Two years
• Defective products – Two years
• Wrongful death – Two years
• Dog Bites – Two years
• Boating accidents – Two years. Three years for cases involving maritime law.
• Nursing home abuse and neglect – Two years
• Claim against the government – Six months (in most cases)

What Can I Do if I Miss the Deadline?

There are some exceptions to the statute of limitations for personal injury claims in California:

Discovery Rule

Generally speaking, the statute of limitations starts running on the date of the accident and injury occurs. However, sometimes the statute of limitations doesn’t start running until an accident victim discovers that they were injured due to someone’s negligence.

For example, the general timeframe for filing a claim against a negligent healthcare professional is three years from the date of the injury. However, the discovery rule could provide extra time for the plaintiff to file their lawsuit if they were not aware of the injury within that time. Instead, they would have one year from the date they discovered or should have used reasonable diligence to discover the injury.

Tolling the Statute of Limitations

You may be able to toll the statute for a specific period if any of these factors apply:

• You were under 18 years old at the time of the accident that injured you.
• You were deemed mentally incompetent and were unable to file a lawsuit on time.
• The defendant temporarily left the state before you could file your personal injury claim.
• You were incarcerated when the statute of limitations started to run.

The clock will start again once the tolling event ends. For example, if you suffered injuries in a car accident as a minor, the two-year statute would begin on the date of your 18th birthday.

Claims Against the Government

If you were injured by the negligence of a local or state government entity, the two-year statute of limitations will likely not apply. Instead, you will only have six months to present a claim to the government, and the rules governing such claims can be complex. This statute of limitations applies to motor vehicle accidents, road defects, sidewalk trip and fall accidents, and many other types of accidents.

Claims against the federal government have their own rules and statutes of limitations. Though the government may be held accountable for negligence just like a private person or business, procedural rules could stop your case before it begins.

If you believe that the negligence of a government agency caused your injury, you should contact a personal injury lawyer without delay.

How Can a Personal Injury Lawyer Help Me?

When you’re unfamiliar with state laws or legal procedures, it can be easy for a statute of limitations deadline to pass you by. At Demas Law Group, P.C., we are familiar with California’s personal injury statutes of limitations for all different types of cases. You need an experienced and knowledgeable attorney to represent you so time doesn’t run out on your opportunity to seek compensation.

Contact us immediately if you were injured due to someone else’s negligence. Our legal team works diligently on every case we take to avoid encountering an expired statute of limitations. We also have the resources to determine if you’re in a unique situation where we can toll or delay the deadline.

Getting started right away will protect your right to compensation. Call or contact our personal injury lawyers office in Sacramento at Demas Law Group, P.C. for a free consultation today.