California Personal Injury Statute of Limitations

Have you ever wondered what the California personal injury statute of limitations is? The statute of limitations refers to the timeframe you have to sue someone after an incident occurs. If you have suffered an injury due to someone else’s negligence, it’s important to understand how the state’s laws apply to your particular situation.

Why Should You Discuss Your Personal Injury with a Lawyer?

Since California has complex and particular laws surrounding personal injuries and the statute of limitations, it is always a good idea to discuss your case with an experienced lawyer before filing your claim. Amendt Law has experienced personal injury lawyers who are knowledgeable about California’s statute of limitations. They know the deadlines for filing these lawsuits and may be able to provide you with other helpful advice.

California Personal Injury Statute of Limitations Filing Deadlines

In California, the filing deadline for a claim after having suffered from a personal injury is two years from the date of the incident. The goal of this claim would be to seek compensation for “injury to or for the death of, an individual caused by the wrongful act or neglect of another.” There are many parts to filing this sort of claim, and we recommend discussing your options with a lawyer to ensure all paperwork is filled out and filed correctly.

This law covers almost all personal injuries that are governed by the liability principle of neglect, except for medical malpractices. Medical malpractice has a deadline different from other types of personal injuries.

Medical Malpractice Statute of Limitations

When looking at California’s statute of limitations for personal injury claims, it’s important that you make sure you are looking at the category that covers your particular injury. Although most personal injuries are grouped together under the two-year statute of limitations, medical malpractice personal injuries fall under a three-year statute of limitation from the date the injury occurred or within one year of discovering the injury.

If you have suffered an injury from a healthcare provider, you will need to reference California’s rules for medical malpractice.

What Happens If I Miss the Filing Deadline?

If you miss the filing deadline for your personal injury claim, your case will more than likely be dismissed. When this occurs, you lose your right to seek compensation for the incident and injury that occurred.

This is one of the many reasons why it is important to file your lawsuit sooner rather than later. The longer someone waits to file their case, the more difficult it may be to gather evidence and convince a jury that your injury is significant enough to be granted compensation.

The sooner you act, the more quickly the person who harmed you or their insurance company may try to reach a settlement. Negotiations tend to be more efficient the sooner the lawsuit is filed. Discussing your options and plan with an attorney who has experience dealing with cases like yours is always a good idea to get a better understanding of the process and the settlements you should pursue.

When Extensions May Be Granted for Personal Injury

There are unique situations in which an extension may be granted on the statute of limitations of a personal injury. These situations include:

• A person discovered they were injured after the incident occurred. They may be able to argue that the start of the filing deadline should have begun when they discovered the injury, rather than when the actual injury took place.
• The victim was under the age of 18 or legally incapacitated. If an incident occurred to someone who was young and not considered an adult yet, they may be able to bring forth their case as an adult. There also may be a special deadline granted for those who were incapacitated and unable to make sound decisions at the time the injury occurred.
• The alleged defendant has left the state. In the event that the person accused of causing injury to another person leaves the state before the lawsuit can be filed, there may be an extension granted on the deadline for filing the claim.

FAQs

What Is the 3-Year Statute of Limitations in California?

In California, a 3-year statute of limitations applies mostly to claims that are not for personal injuries, such as property damage, felonies, and criminal charges if the defendant is not in California. A person typically has two years to file a claim for all personal injury claims except medical malpractices, for which they have three years. If you have any questions regarding the statute of limitations in California, you should contact a lawyer to discuss the laws further.

Does California Limit the Amount of Personal Injury Damages You Recover?

In California, there are some laws that limit personal injury damages. However, in most cases, a person can seek full compensation for their injuries. The caps on these damages are associated with medical malpractice suits and personal injuries that are caused by uninsured drivers in a car accident. Other personal injury cases should be eligible for full compensation for current and future expenses that are a result of the incident and injury.

What Is the Longest You Can Wait to Sue Someone in California?

The longest amount of time a person has to sue someone else in California is widely dependent upon the type of claim they are filing. California has standard statutes of limitations for a variety of different types of claims. These filing deadlines are strict and unique to each type of case. Anyone who is considering filing a claim against someone else should speak to a lawyer as soon as possible to avoid missing a deadline.

What Has No Statute of Limitations in California?

There are a variety of crimes that have no statute of limitations in California, meaning there is no deadline or timeframe one must follow when filing a lawsuit after these incidents occur. These include murder, treason, aggravated kidnapping, embezzlement of public funds, most serious sex crimes, voluntary and involuntary manslaughter, and any crimes that carry the death penalty or life in prison.

Contact Amendt Law

If you have suffered a personal injury as the result of somebody else’s negligence, it is time to get in contact with an experienced personal injury lawyer who has knowledge of California law and dealt with cases similar to yours. Our legal team is ready to talk and get started working on a plan to help you seek compensation for your damages. Contact our office today to connect with one of our attorneys.