Statute of Limitations for Personal Injury Cases in California

Knowing how long you have to file a claim if you have been injured is crucial. Every type of case, from a car accident to medical malpractice to wrongful death, has time limits for when you can file your legal claim.

It is essential to know the amount of time you have to seek legal advice for your specific case. California law can be difficult and scary to navigate, so you must have a law firm on your side to maintain your ability to be fairly represented.

Dealing with an injury can make every other part of your life much more complex, so we are here to help. Knowing the time frame to take action and make a claim is only the first step on a potentially long journey.

The best way to ensure you take advantage of the statute of limitations for your case is to consult an attorney as soon as possible. At The Advocates, we have the experience to help guide you through this challenging process.

If you would like to learn more about the statute of limitations in California, then continue reading below.

What Does Statute of Limitation Mean?

A statute of limitations period is your time limit for filing a legal claim. This time limit varies depending on the type of case and the circumstances surrounding the case. In a personal injury case, the statute of limitations generally starts from the date of injury, but this is not always the case.

A statute of limitations ensures that cases are pursued while the evidence is likely to be readily available and witness memories remain fresh. Even without a statute of limitations, it would generally be in your best interest to get things moving on your case as soon as possible.

California Statute of Limitations for Personal Injury Cases

According to California Code of Civil Procedure section 335.1, the statute of limitations for both personal injury and wrongful death is two years from the date of the injury. This only serves as a general baseline for a case. There are numerous potential altering factors for any given situation.

If you believe you have a case, it is vital to contact a personal injury lawyer as soon as possible to figure out all the specific details and timelines of your case.

Exceptions and Tolling Factors

Several potential factors could alter the statute of limitations for your case. Some of these factors change entirely the statute of limitations for your case; others simply toll, or pause, the time period within which you can make your claim. Every case is different, and it is important to contact a personal injury attorney to learn about your specific statute of limitations.

Dealing with personal injury claims is never easy, but California can be an especially complex jurisdiction. Even these guidelines have exceptions and circumstances that can change the timeline for a case, so it is crucial to have an attorney to help navigate and guide you through your specific situation.

Delayed Discovery Rule

If an injury is discovered later, you have a year from that discovery to file your claim. If you believe you may have been injured in an accident of any sort, it is still crucial to speak with your doctor; it is much more challenging to show the specific cause of an injury if that injury is discovered at a later date.

Filing for Workers’ Compensation

Filing a worker’s compensation claim may toll the statute of limitations for a claim. In these cases, however, it is still likely to be in your best interests to have an attorney on your side when filing these claims.

Government Agencies

Cases against government agencies or offices are different from other cases. Per Government Code section 911.2, the period of time for filing personal injury claims against a government entity is six months from the incident. Even more so than with any other type of case, time is of the essence in such filings.

The Plaintiff is a Minor

If the claimant is a minor, the statute of limitations for a personal injury lawsuit may be tolled until the claimant reaches eighteen years of age.

The Plaintiff is Logistically Unable to File a Claim

The statute of limitations may be tolled if the claimant is incapacitated, mentally unfit, or in prison. Contacting an attorney to see if this pause applies to your case is still essential.

The Defendant Has Left the State

If the defendant in a personal injury case is not in the state of California, they are not subject to the service of process. As the defendant cannot be served, the case cannot move forward and is tolled until the defendant returns to California. The statutory clock will resume once the defendant returns to California.

When Should You Reach Out to an Attorney?

It can seem like an injured person has a lot of time to contact an attorney in the state of California, but the time for legal action passes incredibly quickly. There will be so much on your plate after an incident leaves you injured, making that time feel like it is going by even more rapidly.

You must reach out for a consultation as soon as you possibly can. Doing so allows for the time needed to determine if there was a wrongful act. It allows for information to stay fresh in your mind and in the minds of any potential witnesses and allows for evidence to remain timely and accurate.

At The Advocates, legal professionals are available 24/7 to answer your questions, address your concerns, make you feel seen and heard, and get you started on your journey to obtain what California law says you deserve.

Contact The Advocates today for your free consultation. You deserve a legal team that cares about you, your wellness, your family, and your case. You deserve to have an Advocate on your side.