If you’ve been injured in an accident in California, knowing the legal deadlines for filing a claim is crucial to protecting your rights. The California personal injury statute of limitations governs how long you have to take legal action after injury.
Missing this deadline could mean forfeiting your chance to seek compensation. At Gonzalez & Jones, APC, we understand how overwhelming this process can be, and our experienced attorneys are here to guide you every step of the way. We’ll ensure you meet all critical deadlines, explore any exceptions that may apply to your case, and fight to secure the compensation you deserve.
For further information or to schedule an appointment, please contact us online or by phone (408) 848-2208.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum time after an event within which you may initiate legal proceedings. In the context of personal injury cases in California, this means you have a limited window to file a lawsuit against the party responsible for your injuries. Once the statute of limitations expires, you generally lose the right to sue, regardless of how strong your case might be.
How Long Is the Statute of Limitations for Personal Injury Cases?
The personal injury statute of limitations in California is generally two years from the date of the accident to file your lawsuit. For example, if you were injured on August 1, 2024, you must file your lawsuit by August 1, 2026. Failing to meet this deadline usually results in the dismissal of your case, leaving you without legal recourse to claim compensation.
Exceptions to the Statute of Limitations in California for Personal Injury
While the two-year statute of limitations applies to most personal injury cases in California, there are important exceptions and circumstances where the deadline may differ.
Discovery Rule
One key exception is the discovery rule. Under this rule, if the injury wasn’t discovered immediately, the statute of limitations begins when the injury is discovered or reasonably should have been discovered. Delayed discovery often applies in cases where the injury or its cause wasn’t immediately apparent, such as in some medical malpractice cases.
For example, if you suffer from internal bruising and bleeding after a car accident, you might not discover the problem until days or weeks later. In such cases, the statute of limitations would start from the date you discovered the injury, not the date of the accident.
Minors and Legally Incapacitated Individuals
The statute of limitations may be tolled for minors. If the injured person is a minor (under 18) at the time of the case, the statute of limitations pauses until the individual turns 18. For instance, if a 17-year-old experiences an injury in a car accident, the statute of limitations might begin on their 18th birthday, giving them until their 20th birthday to file a lawsuit.
Legally incapacitated persons may also see their cases tolled in certain situations. In these situations, the length of the incapacitation generally determines how long the statute of limitations will be tolled. California has specific laws regarding when someone is considered incapacitated, so it is a good idea to speak with a personal injury attorney to see what applies to your situation.
Out of the Jurisdiction
If the person you are attempting to sue leaves California, the statute of limitations pauses. It will resume when the person returns to California.
For example, suppose you are injured in a car accident in January 2024. The driver who harmed you leaves California in June 2024. The statute of limitations stops running in June 2024. If the driver returns to California in June 2025, the statute of limitations will begin to run again. You then have the remaining 18 months to file your personal injury claim.
Medical Malpractice Cases
In medical malpractice cases, the statute of limitations is generally the earlier of one year from the date you discover that medical malpractice caused your injury or three years from the date of the injury.
As an example, imagine you went to the doctor complaining of specific symptoms, but the doctor said you were fine. Six months later, you discover you actually have a serious illness that your doctor would have found if they had conducted proper testing. In that case, you would have one year from the date you discovered that misdiagnosis to file a medical malpractice claim.
If you did not discover (and could not have discovered) the misdiagnosis until two-and-a-half years after you met with the doctor, you would have only six more months to file a claim because the statute of limitations prevents you from filing a claim more than three years after the date you were misdiagnosed.
Why Is It Important Not to Delay Filing a Personal Injury Claim?
Time is of the essence when dealing with personal injury claims. The longer you wait to file a lawsuit, the greater the risk of losing critical evidence, such as witness testimony or physical evidence. Memories fade, and documents can be lost. Proving your case may become more challenging. Promptly filing your claim helps protect your rights and gives you the best chance of securing the compensation you deserve.
Contact an Experienced CA Personal Injury Statute of Limitations Attorney
CA Personal Injury Statute of Limitations is a critical aspect of your legal rights following an injury. Acting quickly and understanding any exceptions that may apply to your case is essential. Delaying action can jeopardize your ability to recover compensation for your injuries.
If you’ve been injured in an accident, don’t wait to seek legal advice. Contact Gonzalez & Jones, APC today or by phone at (408) 848-2208 to discuss your case with an experienced attorney who can guide you through the legal process and help you understand your rights and options.