When you suffer injuries in an accident caused by another party’s negligence, you have only limited time to bring a lawsuit for your damages. This deadline is known as the statute of limitations.
The personal injury statute of limitations in California is generally two years from the date of the injury. However, the two years do not always apply in every claim. Some situations may alter the deadline.
Understanding the deadline that applies in your case is crucial. If you inadvertently miss the deadline, the court will most likely dismiss your case. That means even if you were in the middle of negotiations with the negligent party’s insurance company, they are not obligated to continue settlement talks or offer you any compensation.
Don’t risk losing the compensation you’re entitled to. Contact an experienced California personal injury lawyer at Silva Injury Law.
Get started with a free consultation by calling (209) 600-4389 or filling out our online form today.
What Is the California Personal Injury Statute of Limitations?
Every state has its deadlines for filing civil lawsuits against other parties. This timeline ensures that people don’t have the threat of a lawsuit hanging over their heads forever. Also, filing a lawsuit 10 or 20 years after an accident would be impossible from an evidence-gathering standpoint.
For most personal injury cases in California, the statute of limitations is two years from when the injury occurred. However, this two-year limit can vary depending on the specific circumstances of the injury and the nature of the claim.
For example, the California statute of limitations for negligence is two years from the accident date—provided you’re filing an injury claim. If it’s a negligence-based property damage claim, the deadline is three years from the accident date.
Key Start Dates for the California Statute of Limitations in Personal Injury Cases
Generally, the countdown starts on the date the injury occurs. However, the “date of discovery” rule can adjust this timeline based on when the injury was, or reasonably should have been, discovered.
The discovery date is particularly relevant in cases of medical malpractice or exposure to harmful substances where symptoms may develop gradually and the cause of the injury is not immediately apparent.
One crucial deviation in injury claims involves wrongful death lawsuits. The deadline is two years from the date of death, not the injury date.
Exceptions and Tolling of the Personal Injury Statute of Limitations in California
In certain circumstances, California’s personal injury statute of limitations can be extended or “tolled,” which pauses the countdown, giving you more time to file a lawsuit. Here are some examples that may or may not apply in your case.
Minor Status
If the injured party is a minor, the statute of limitations does not begin until the minor turns 18. In this situation, a young person has until their 20th birthday to initiate a lawsuit for injuries sustained in childhood. Note that civil cases involving childhood sexual abuse have an entirely different set of rules regarding filing deadlines.
Mental Incapacity
If an individual is legally incapacitated when the injury occurred, the statute of limitations can be tolled until the incapacity is lifted. This exception is vital for protecting the rights of those who are unable to advocate for themselves due to mental health conditions.
Defendant Leaves the State
If the person responsible for causing the injury leaves California, the statute of limitations is on pause until they return. This provision ensures that defendants cannot evade litigation simply by moving out of state.
Special Considerations for Claims Against the Government and Medical Malpractice
Filing claims against government entities and medical malpractice cases involves unique deadlines and considerations that differ from standard personal injury claims.
Claims Against Government Entities
In California, if you’re filing a personal injury claim against a state or local government entity, you must first file an administrative claim within six months of the incident. This deadline is considerably shorter than the standard two-year statute of limitations for personal injuries. If your administrative claim is rejected, you have six months from the date of rejection to file a lawsuit in civil court.
This process ensures that government entities have the opportunity to settle claims directly before they proceed to litigation. The downside is it also means you need to act swiftly to preserve your legal rights. Missing the administrative cut-off can bar you from pursuing compensation.
Medical Malpractice
For medical malpractice cases, the statute of limitations is typically one year from the date the plaintiff discovers, or through reasonable diligence should have discovered, the injury.
This timeline can be no longer than three years from the date of the injury itself unless there are factors that toll the statute, such as fraud or intentional concealment by the defendant.
Medical malpractice claims require prompt attention not only because of these strict timelines but also due to the complexities involved in proving negligence and the need to consult with medical experts.
Consequences of Missing the California Personal Injury Statute of Limitations Deadline
Missing the filing deadline can have severe repercussions for your personal injury case. Understanding these consequences is crucial for anyone considering legal action for their injuries.
Loss of Legal Rights
If you fail to file your lawsuit within the prescribed time limits, the court will likely dismiss your case outright. This dismissal means you lose the right to recover any compensation for your injuries, no matter how severe or clear the other party’s liability might be.
Impact on Settlement Negotiations
Even if you are negotiating with the at-fault party or their insurance company, they are no longer obligated to settle with you once the statute of limitations has expired. This loss of leverage can significantly diminish your chances of obtaining a satisfactory outcome.
Closure of Legal Options
Missing the deadline affects current negotiations and closes all legal avenues for redress. This finality can be particularly harsh in cases where the injuries cause long-term or permanent damage, leaving you without the means to secure financial support for medical treatments and other related expenses.
Contact a California Personal Injury Lawyer at Silva Injury Law
If you were injured in an accident caused by another party’s actions, don’t risk your potential compensation by attempting to handle your claim independently.
Let the professional team at Silva Injury Law help. We have years of experience representing injured clients just like you. We will preserve the personal injury statute of limitations and fight to hold the responsible party accountable.
To learn more about how we can protect your rights, contact us online or call (209) 600-4389 today to schedule a free, no-obligation consultation.