The statute of limitations for personal injury cases in California is generally two years. This means injury victims will only have a limited amount of time to file their claims. While two years may seem like plenty of time to file a personal injury lawsuit, the truth is that you will need as much time as possible to build a powerful claim against the at-fault party. Here is more about the purpose of the statute of limitations, how long you might have to file your claim, and what happens if you miss the claim filing deadline.
What is the Statute of Limitations?
The statute of limitations for personal injury lawsuits is the amount of time you have to file a personal injury claim in California civil courts. This deadline is set for a couple of reasons. Not only will evidence deteriorate over time, but the liable party has the right to face allegations against them as soon as possible as well.
The Statute of Limitations for Personal Injury Claims in California
Per California Code of Civil Procedure Section 335.1, injury victims across California only have up to two years from the date of their accident to file a claim. Typically, the countdown will begin on the day of the accident or the day the injury should have been discovered. This means, in limited cases, the amount of time you have to file your claim may be longer than two years.
Statute of Limitations for Claims Against the Government
While the statute of limitations for personal injury lawsuits in California is generally two years, this does not apply to every car accident, catastrophic injury, slip and fall, or other personal injury case. If you need to sue a government agency or municipality, the statute of limitations may be significantly shorter. In California, personal injury claims against the government must be filed within six months of the accident date, according to the Judicial Branch of California.
Exceptions to the Statute of Limitations for Personal Injury Lawsuits
Although the statute of limitations may have a specific deadline, that does not mean there are no special circumstances that could pause the countdown. Also commonly known as “tolling” the statute of limitations, the statute of limitations expiration date could be extended if you meet one or more of the following exceptions:
The Liable Party is in Another State
If the liable party is from another state, the countdown could be paused until they come back to California. As soon as they come back to the state, the statute of limitations countdown can commence.
Minor Child Injuries
If your minor child suffered injuries, the statute of limitations could pause until they reach the age of 18. At that point, they can make the decision to file a personal injury lawsuit on their own.
What Happens if You Miss the Statute of Limitations Filing Deadline
Missing the statute of limitations could prove catastrophic for your case. If your lawsuit is not filed within the two-year filing deadline, the court system could dismiss your case when you attempt to file it.
Even if you have an especially empathetic or understanding judge handling your case, if the statute of limitations has passed and extenuating circumstances have not met this deadline, they may have no choice but to refuse to hear your case. You can avoid missing out on valuable compensation you would have otherwise been entitled to by getting started on your personal injury lawsuit as soon as possible after the accident.