How Long Do I Have to File a Personal Injury Lawsuit in California?

Michael Waks

1 week ago

When you’ve been injured due to someone else’s negligence, filing a personal injury lawsuit can help you recover compensation for your losses. However, it’s crucial to be aware of the time limits, known as statutes of limitations, that dictate how long you have to file a claim in California. Missing these deadlines can bar you from seeking the compensation you deserve. Here’s what you need to know:

The Statute of Limitations in California

In California, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the injury. This means you have two years from the day the injury occurred to initiate legal action against the responsible party. If you fail to file within this timeframe, you may lose your right to pursue compensation.

Special Circumstances and Exceptions

While the two-year rule applies to most personal injury cases, there are several important exceptions and special circumstances to consider:

Discovery of Harm: If you did not immediately realize you were injured, the statute of limitations might be extended. In such cases, you have one year from the date you discovered, or should have discovered, the injury to file a lawsuit.

Claims Against Government Entities: If your injury was caused by a government entity, different rules apply. You must file a claim with the appropriate government agency within six months of the injury. If the claim is denied, you then have six months from the date of denial to file a lawsuit.

Minors: If the injured party is a minor, the statute of limitations is typically tolled until they turn 18. This means they have until their 20th birthday to file a lawsuit for an injury that occurred while they were a minor.

Medical Malpractice: For medical malpractice claims, you generally have three years from the date of injury or one year from the date you discovered the injury, whichever comes first. However, there are specific rules and exceptions that can alter these timeframes, so consulting with an attorney is crucial.

Defective Products: In cases involving defective products, the statute of limitations may vary based on when the injury was discovered and other factors related to product liability laws.

Why Timeliness Matters

Filing a lawsuit within the appropriate time limits is essential for several reasons:

Preserving Evidence: Over time, evidence can be lost, and witness memories can fade. Filing your lawsuit promptly helps ensure that crucial evidence and witness testimonies are preserved.

Legal Standing: Adhering to the statute of limitations protects your legal standing. If you miss the deadline, the defendant can request the court to dismiss your case, leaving you without legal recourse.

Negotiation Leverage: Filing a lawsuit within the statute of limitations can strengthen your position during settlement negotiations, as the threat of legal action often prompts defendants to offer fair settlements.

Steps to Take After an Injury

If you’ve been injured, here are steps to take to protect your right to file a lawsuit:

Seek Medical Attention: Your health is the priority. Seek immediate medical care and keep detailed records of your treatments and medical expenses.

Document the Incident: Collect evidence, such as photos of the accident scene, witness statements, and any relevant documentation.

Consult an Attorney: Speak with a personal injury attorney as soon as possible. They can guide you through the legal process, ensure you meet all deadlines, and help you build a strong case.

Conclusion

Understanding and adhering to the statute of limitations is crucial for successfully filing a personal injury lawsuit in California. While the general rule is two years from the date of injury, various exceptions and special circumstances can affect this timeframe. To navigate these complexities and ensure your claim is filed on time, consult with an experienced personal injury attorney. They can provide the legal expertise and support needed to pursue the compensation you deserve, helping you focus on your recovery.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.