California Personal Injury Statute of Limitations (2024)

If you’re considering filing a personal injury claim in California, you’ll need to know how much time California law allows you. If you wait too long to act, your ability to collect any damages can expire. In order to file a claim, it’s important to discuss the relevant California personal injury statute of limitations that could be relevant to your circumstances.

California law can be overwhelming for people attempting to work alone through complex legal situations. Statutory language could limit the timelines for bringing any personal injury claims. A Personal Injury Lawyer can walk side-by-side with you to address each step you’ll encounter during the legal process in our community.

Understanding the Timeframe, or Statute of Limitations, for Personal Injury Claims in California

A statute of limitations means there is a time limit to file a legal claim following an injury. If you don’t file a claim within the statutory timeframe, you could be prevented from pursuing your case with certain exceptions.

In the State of California, a personal injury cause of action must be brought within two years. This means you’ll have two years from the date of the injury to file a claim to seek damages. Therefore, it’s important to move quickly after you are injured to avoid any delays.

Circumstances That Toll the Statute of Limitations

Circumstances that toll or delay the personal injury statute of limitations can include:

• If the plaintiff is a minor child at the time of the incident, consequently, the statute of limitations won’t start to run until the plaintiff turns eighteen (18) years old.
• If the plaintiff is mentally incapacitated at the time of the incident, consequently, the statute of limitations won’t start to run until the plaintiff reclaims mental capacity.

Statute of Limitations Exceptions for Personal Injuries in California

In some situations, you can potentially start the clock later than the day of injury or even pause the clock to determine the deadline to file a claim even after it’s started. This is possible in two situations:

• Delayed discovery – where an injury wasn’t immediately apparent, or it’s difficult to determine the date the injury actually occurred or when you were aware of the injury.
• Defendant left California – the statute can be tolled until the defendant returns to California since they’re not subject to service of process of court documents and no action can be taken until they come back, which starts the statutory clock again.

The state of California understands that certain situations might prevent you from starting your legal claims within the mandatory time frame.

An attorney can discuss whether you have a valid claim within the relevant personal injury statute of limitations. They can also decide whether any extensions might apply to your specific situation and your ability to file a claim. An attorney experienced in working with California courts, such as a skilled car accident lawyer or truck accident lawyer, can work with you to make sure to identify any statute of limitations issues if they arise.

California Malpractice Claims With Unique Statutes of Limitations

Although medical malpractice cases can lead to personal inquiry claims, the state of California considers them as a separate type of case with a separate statute of limitations, which is one year instead of two.

Depending on the specific type of medical malpractice claim, the injury or damage might not have been realized right away. In these cases, the statute of limitations generally begins to run from the date the injury was discovered or reasonably should have been discovered, whichever comes first.

These situations can be complex, and the time limits can be tough to determine. An attorney can explore these types of situations and discuss the applicable deadlines.

FAQs

How Long Does Someone Have to File a Personal Injury Case in California?

In California, the deadline to file a majority of personal injury cases is two (2) years from the date of injury. The deadline can be extended if the injury isn’t immediately discovered. If the case involves a minor, the statute of limitations is tolled until the minor turns eighteen years old.

The statute of limitations exists to:

• Ensure claims are filed promptly
• Preserve evidence
• Encourage the resolution of cases in a timely manner

What Happens If Someone Missed the Deadline for the Statute of Limitations in California?

If the statute of limitations deadline is missed and someone tries to file their claim anyway, the opposing party likely could raise the statute of limitations as a defense to prevent the claim entirely. As a result, unless an exception applies, the claim could be dismissed by the court. Even though two years might seem like a long time, filing promptly after an injury ensures compliance with the statute of limitations.

How Much Does a Personal Injury Attorney Cost in California?

The costs of a personal injury attorney in California can vary depending on many different factors. One of the most important factors is the attorney’s fee structure. While many attorneys charge a contingency fee, some may charge a flat fee, and some may charge an hourly fee for their services. Additionally, the attorney’s location and level of experience will be important factors to consider.

What Are the Exceptions to the California Personal Injury Statute of Limitations?

Some exceptions to the personal injury statute of limitations exist. In certain circumstances, such as if the plaintiff was a minor child or was mentally incapacitated at the time of injury, the deadline can be extended. If an injury occurred at or before birth, a claim must be brought within six years. Failing to bring a claim within the required timeframe usually results in the inability to file a claim and recover damages.

Contact a California Attorney to Discuss the Statute of Limitations Applicable to Your Claim

Give yourself a thorough opportunity to discuss any relevant timeframes associated with any personal injury issues you or a loved one have experienced.

An attorney from Law Offices of David Davidi, APLC, can address any questions you might have and guide you through the legal process. We have experience handling claims just like yours. Please contact us to schedule a consultation with our legal team to pursue the potential compensation available for your claim before the applicable statute of limitations expires.