For most cases, the California statute of limitations for personal injury claims is two years. But there are some exceptions.
Our experienced San Bernardino personal injury lawyers at LA Century Law explain the statute of limitations in California for personal injury.
What Does “Statute of Limitations” Mean?
The statute of limitations is a deadline to start a legal claim.
A statute is a law. Statutes are passed by government officials who are authorized to pass laws in the jurisdiction. In California, statewide laws are passed by the legislature and signed by the governor.
A limitation is a restriction. It is a limit on when or how something can happen.
A statute of limitations is a law that restricts the amount of time that someone has to start a legal claim. For personal injury, it means the deadline to file a compensation claim.
Note: The statute of limitations applies only to starting the case. Once the case is filed and the plaintiff meets the deadline, it doesn’t matter how long it takes. It could still be dismissed for non-progress or failing to meet deadlines during the case. Once the case is filed, the statute of limitations no longer applies.
The Standard Time Limit for Personal Injury Lawsuits in California
The standard time limit (i.e., statute of limitations) for personal injury lawsuits in California is two years. A person who is hurt in a personal injury accident has two years to start a claim for compensation based on negligence, recklessness, or intentional harm. It is important to note that there are some important exceptions.
Note: The California statute of limitations for wrongful death is also two years, and the deadline starts from the date of death.
Exceptions That May Extend the Statute of Limitations
Exceptions that may extend the statute of limitations for personal injury in California include the following:
- Victim is a minor
- Defendant is a unit of government
- The claim involves medical malpractice
- Discovery of harm is delayed
- The offense is sexual assault
- Defendant is absent from the state
- Victim is legally insane
- Plaintiff is in prison
- The basis for the claim is toxic exposure
- The plaintiff has died
- The defendant is convicted of a felony for the actions relating to the offense
How the Deadline Changes for Medical Malpractice
If the claim is based on medical malpractice, the general statute of limitations is one year from the date the injury is known or should have been known with reasonable diligence. A claim may be filed up to three years from the wrongful act, regardless of the date of discovery.
How the Deadline Changes for Minors
One of the most significant exceptions to the statute of limitations for personal injury in California is when the victim is a minor. How the deadline changes for a minor depends on the type of case: general personal injury, medical malpractice, or sexual assault.
General personal injury
For most personal injury accidents, such as car accidents and slip and falls, the statute of limitations is tolled for minors. It doesn’t start running until the minor turns 18, effectively, meaning a minor has until age 20 to file most personal injury claims. This tolling does not apply to claims based on medical malpractice.
Medical malpractice
When the victim is under age six, they may have up to their eighth birthday, even if that extends the deadline. Other medical malpractice deadlines still apply.
Sexual assault
If the minor’s claim is for sexual assault, they have up to age 40 or five years from the date of discovery of harm, whichever is later.
How the Deadline Changes for Government Claims
When the defendant is a unit of government, the plaintiff has only six months to file a notice of claim. This is an administrative step that differs from how most personal injury claims begin.
The government has up to 45 days to respond. If the government responds, the plaintiff has six months to file the claim. If they don’t respond, the plaintiff has two years to file the claim. The step of filing the administrative notice is a required prerequisite to filing in court.
Consequences of Missing the Filing Deadline
The California statute of limitations for personal injury is strict. If you miss the filing deadline, you lose your right to compensation. The defendant will quickly note that the deadline has passed. If the court agrees, it will dismiss the case without looking at the merits of the claim.
Even if you have a strong case, missing the statute of limitations can prevent you from receiving compensation. There is no way to ask for an extension, but if an exception applies, you may assert it.
Steps To Take Immediately After an Injury To Protect Your Claim
It’s important to work quickly to protect your rights after a personal injury claim. Pursuing your case promptly may mean that evidence is more available than it might be after a period of time.
Witnesses may have better memories, and it may be easier to document injuries and damages.
When a personal injury occurs, seek medical attention, as appropriate. Document the accident, including photographs and identifying witnesses.
Keep track of your medical care, bills, lost work records, and other expenses. Save tangible objects like damaged clothing and personal property.
You may involve a lawyer in your claim as early as you choose. A lawyer can help you send letters to demand preservation of key evidence, investigate fault, and look for evidence to build your case.
How a Lawyer Can Ensure Your Claim Is Filed on Time
A lawyer can identify the statute of limitations for your case and see if an exception applies, if necessary. A lawyer can also prepare your legal documents efficiently.
Contact an Experienced San Bernardino Personal Injury Lawyer
If you or a loved one has suffered a personal injury, contact us. Ask to talk to a San Bernardino personal injury lawyer. LA Century Law will explore all opportunities for you to receive compensation for your case. Contact us now.