What Are the Statutes of Limitations for Personal Injury Law in California? 

If you’ve been injured in an accident or due to the negligence of another party in California, it’s essential to act quickly in pursuing legal action. The reason for this urgency is due to something called the “statute of limitations.” The statute of limitations refers to the specific period you can file a lawsuit following an injury. In California, the statute of limitations for personal injury claims is generally two years from the date of injury, as outlined in the Code of Civil Procedure section 335.1.

What is the Statute of Limitations?

The statute of limitations serves two purposes: 1) to ensure that legal cases are resolved promptly and 2) to safeguard defendants from lawsuits that may be filed years after the incident. These statutes vary depending on the type of case being pursued and the state in which it is being held. It is important to note that the statute of limitations for personal injury claims in California is clear and strict, and missing the deadline could mean you cannot pursue legal action.

Can I Still Sue After the Statute of Limitations Passes?

If the time limit for filing a personal injury case, known as the statute of limitations, has expired, you may not be eligible for legal action. There are some cases where the statute of limitations may be extended or paused, but these exceptions are limited and require the help of a skilled personal injury lawyer.

What Are the Exceptions?

There are a few exceptions to the statute of limitations for personal injury claims in California, but they are generally narrow and difficult to argue successfully. Some examples of exceptions may include:

If a person was under 18 when they were injured, the statute of limitations may be extended until they reach the age of 18.

If the person who was hurt had a mental incapacity when they got injured, the time limit to file a lawsuit might be longer than usual. It can be extended until the person has regained their capacity.

If the injury was not discovered until after the statute of limitations ran out (such as in medical malpractice cases), then the statute of limitations may be extended.

What About Suing a Government Entity?

If you wish to sue a government entity in California, such as a city or county, there are special rules and timeframes that you must follow. In general, the statute of limitations for government claims is six months from the date of injury, as outlined in the California Tort Claims Act.

Do Malpractice Claims Fall Under Personal Injury?

Yes, medical malpractice claims are considered personal injury claims in California. These cases require a high level of medical knowledge and expertise and careful adherence to the specific standards of evidence required in such cases.

Call Our Personal Injury Lawyers in Pleasant Hill, California

If you or a loved one has been injured due to the negligence of another party in California, it’s essential to act quickly to protect your legal rights. The experienced personal injury lawyers in Pleasant Hill, California, are dedicated to helping victims get the justice they deserve. Contact us today for a free consultation.