A serious personal injury can disrupt every part of your life. In the aftermath of an accident, it is understandable to focus on medical treatment, recovery, and adjusting to what happened. However, California law gives injured people a limited amount of time to file a lawsuit. If you miss the applicable deadline, you may lose your right to pursue compensation.
Understanding California’s statute of limitations is an important part of protecting your personal injury claim. Below, we explain the general filing deadlines for personal injury cases in California, along with common exceptions that may affect how much time you have. If you were injured because of someone else’s negligence, do not wait to learn your legal options. Contact Venardi Zurada today to schedule a free consultation.
Understanding California’s Standard Statute of Limitations for Personal Injury Cases
The statute of limitations for most personal injury claims in California is two years from the date of the injury under California Code of Civil Procedure § 335.1. This applies to most cases, though exceptions may apply. For instance, property damage claims, including vehicle damage resulting from an accident, have a three-year deadline from the date of the damage under California Code of Civil Procedure § 338(c).
How Does California’s Statute of Limitations Apply to Personal Injury Cases?
A statute of limitations is the legal deadline to file a lawsuit. Each state provides its own specific guidelines for these cases, which can vary greatly. The purpose of a filing deadline is to ensure claims are brought while evidence and witnesses are still available. In California, the statute of limitations covers numerous types of personal injury cases, including the following:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Premises liability claims
- Product liability claims
- Wrongful death claims
Exceptions to the Personal Injury Statute of Limitations in California
California’s statute of limitations laws outline several instances where the deadline to file a claim may be extended or shortened.
Delayed Discovery Rule
In some cases, an injured person may not realize the full extent of their injuries right away. When an injury is not immediately discovered, California’s discovery rule may affect when the statute of limitations begins to run. Under this rule, the deadline may be based on the date the injury was discovered or the date it reasonably should have been discovered. However, the discovery rule is fact-specific and does not apply in every case.
Claims Involving Minors
Because minors generally cannot file lawsuits on their own behalf, their claims are usually brought through a parent, guardian, or guardian ad litem. In many non-government personal injury cases, the statute of limitations may be tolled until the minor turns 18.
Claims Against Government Entities
Claims involving government entities, such as city buses or dangerous public property, often have much shorter deadlines than other personal injury cases. In these situations, you must provide notice of your claim to the appropriate government agency within six months of the incident before filing a lawsuit.
Mental or Physical Incapacity
In limited circumstances, the statute of limitations may be tolled if the injured person is legally incapacitated. For example, the filing deadline may be paused if a victim is in a coma or suffers a qualifying mental incapacity that prevents them from managing their legal affairs.
Exceptions to California’s statute of limitations can be complicated and fact-specific. By partnering with an experienced attorney, you can secure legal guidance for your case and better understand which deadlines apply to you.
Consequences of Delaying or Missing the Statute of Limitations
If you miss the filing deadline for your specific personal injury case, this can permanently bar you from securing compensation. Courts will generally dismiss these claims, regardless of the severity of your injuries. Similarly, insurance companies may stop negotiating and close the file.
Even if you still file before the deadline, waiting too long can make it harder to gather evidence. Certain documents may be lost, and witnesses may be more difficult to locate, weakening your case.
The Importance of Speaking With a Personal Injury Lawyer Early On
Ideally, you should contact an attorney as soon as you can following a personal injury. Doing so allows you to build the strongest possible case with compelling, fresh evidence. Your lawyer can launch an in-depth investigation into your case and collect the following items:
- Accident reports
- Photographs and videos
- Medical records
- Witness statements
- Surveillance footage
- Expert testimony
- Employment records
- Maintenance and inspection records
- Cell phone and electronic data
- Insurance records and correspondence
Having a fully formed claim with all the necessary evidence helps you secure the compensation needed for a complete recovery.
If you have been injured in an accident, let our dedicated legal team help you pursue the justice you deserve. At Venardi Zurada, our attorneys can guide you through every stage of the claims process while protecting your rights and interests. Contact us online today or call us at 833-893-6763 to schedule a consultation.
