Before filing a personal injury claim, many individuals do not consider how a statute of limitations may impact their case. Here’s everything you need to know about California’s statutes of limitations.
What is a statute of limitations?
Throughout the U.S., states set limits on the amount of time you have to file your personal injury lawsuit from the date of your injury. This limit is referred to as a statute of limitations. Your deadline to file the lawsuit depends on what state you live in and what type of case you’re filing. If the deadline to file your personal injury case has passed, your claim will be invalid.
What is the statute of limitations for personal injury claims in California?
California statute of limitations state than an injured individual has two years from the date of injury to file a personal injury against potentially responsible parties.
In California, the statute of limitations for personal injury cases gives an injured person two years from the date of the injury to go to court and file a lawsuit against those who could be responsible. Basically, if you fail to get to the courthouse within this two-year period, the court will likely refuse to hear your case at any time in the future, and your right to compensation will be lost.
Under California law, this two year period applies to individuals involved in “An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.” This does not include claims against any California government agency.
What is the California statute of limitations for personal injury claims against government agencies?
Claims against any California government agency on the city, county, or state levels have a deadline of six months (180 days) since the incident to file their case. When placing a lawsuit against a California government agency, plaintiffs must follow the steps of an enforced procedure.
Are there any excepts to this statute of limitation?
Under certain circumstances, the statutory deadline to claim personal injury may be delayed. A California court may extend the statutory deadline if:
The injured individual suffers mental or physical incapacitation due to the injury
The injured individual is under the age of 18. In this situation, the statutory deadline will begin once the individual becomes 18 years of age
The injury was not revealed until after the incident took place. In this situation, the statutory deadline will begin once the injury was manifested in the eyes of the injured individual
What type of compensation can I receive for my injuries?
Injured individuals may receive compensation for the following losses:
- Medical, future medical, and rehabilitation costs
- Pain, suffering, and emotional trauma including depression and PTSD
- Lost wages
- Future loss of income
- Punitive damages (if applicable)
Contact Pride Legal
If you or a loved one is a victim of a personal injury, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.