California Personal Injury Statute of Limitations

The California personal injury statute of limitations is a legal rule that outlines the boundaries that victims have to file a personal injury claim. If you’ve been injured in an accident, you don’t have an unlimited amount of time to file a claim. An experienced personal injury attorney should be contacted as soon as possible. This helps ensure that you don’t miss the deadline for filing your claim. Failing to file in time could cause you to lose your legal right to financial compensation.

What Is the Statute of Limitations?

The statute of limitations is a rule allowing victims to have up to two years to file a personal injury claim if they wish to seek financial compensation for their injuries resulting from an accident. The two-year time period begins from the date of the incident or the date the injury was discovered. It could also start from the date the injury should have reasonably been discovered.

Starting a personal injury claim immediately is always the better option. Filing the claim as soon as possible gives you enough time to consider all your legal options. It also provides you with an advantage in settlement negotiations. A personal injury attorney can help you file your claim promptly with the appropriate court.

Delayed Discovery

It’s possible for injured victims to not experience any symptoms until days or weeks after the accident. Some injuries can take time to manifest. For example, whiplash is a common injury in car accidents. Whiplash is a pain in the neck and shoulder area that may not be experienced until later on. Victims may feel fine initially because of their adrenaline. The severe jerking of the neck due to the high impact of the car crash can cause symptoms to start to appear.

In these cases, the statute of limitations may not start until the date the injury was discovered. This is known as the discovery rule. You shouldn’t be penalized for the time that you weren’t aware of the injury. It can be difficult to prove the discovery date, but this is where an experienced attorney can step in to help collect the necessary evidence.

The Defendant Flees the State

If the defendant or party that you are pursuing legal action against flees the state, the time they spend outside the state does not count toward the two-year statute. People living outside California are not subject to court processes in the state. When the defendant returns to the state, the timeline will start again.

FAQs

What if I miss the deadline for Filing a personal injury claim?

If you miss the deadline to file a personal injury claim in California, you will lose your right to pursue legal action against the responsible party. This means that any injuries you suffer will not be compensated. You will have to pay for them out of pocket. This includes property damages, lost income, injuries, and pain and suffering damages. A personal injury lawyer is a great resource to ensure that you file a claim within the appropriate timeframe.

What Counts as a Personal Injury in California?

A personal injury in California can be any harm that was caused by an accident due to someone else’s negligence, recklessness, or ignorance. Whether it’s emotional distress, mental suffering, or a physical injury, you can seek financial compensation from the responsible party with the help of an attorney. Negligent parties deserve to be held accountable for their wrongful actions. You should speak with an attorney if you have questions regarding what counts as a personal injury.

Do Any California Laws Limit Personal Injury Damages?

California doesn’t have any laws that limit the amount that you can claim in a personal injury case. The only exception is for medical malpractice claims. These are limited, depending on the details of the case, and should be discussed with an experienced attorney. For all other personal injury cases, there is no limit to the amount that victims can pursue. A qualified personal injury lawyer can help you maximize your settlement amount. They can review your case and determine a reasonable amount.

Are There Exceptions to the California Statute of Limitations?

Yes, there are some exceptions to the California statute of limitations, but they are rare and depend on the specifics of the case. One exception is if the claim is a part of a class action suit. Certain types of class actions have timeframes that vary from the two-year statute. There could also be exceptions for victims who are less than 18 years old, active military personnel, declared mentally incompetent, or in prison. Speak with an attorney today to review your options.

How Can a Personal Injury Lawyer Help Me?

A personal injury lawyer can help you in many ways. One way is by reviewing and investigating your case. A lawyer can send professional investigators out to the scene of the incident to discover any evidence that was potentially missed by law enforcement. A lawyer can also interview key witnesses and parties involved. All this can contribute to building a strong legal case for you. A lawyer can also take the lead in negotiating with the opposing party and their insurance company.

Get Legal Help Immediately

Understanding the statute of limitations is critical to the success of your claim. Failing to file before the statute expires can guarantee failure. The court may throw out your claim immediately. Also, the defense may not even respond or cooperate with you because they know that you have no legal standing. One way to avoid this mistake is by engaging an experienced personal injury attorney as soon as possible about your case.

With an experienced legal team on your side, you have a greater chance of success. Corrales Law Group has extensive experience in helping California residents with their personal injury cases. Our firm, founded in 2012, prides itself on helping residents find legal solutions that are tailored to fit their needs. Whether it’s a car accident, truck accident, motorcycle accident, or any other type of incident, our team can help. Contact us at our office today.