How Long Do I Have to File My Personal Injury Case in California?

When a personal injury occurs in California, it’s very important you don’t wait too long to file a lawsuit and find you are barred from recovery by the state’s civil statute of limitations. All states have codified their own unique set of deadlines for different types of cases; this makes it advisable to consult a skilled California personal injury attorney to see the laws that apply to your unique case.

California’s Statute of Limitations

In California, injury victims generally have a two-year statute of limitations to file a personal injury case in court. If you were injured by a city, county, or state government agency in California, however, you must follow special procedures and rules to file a lawsuit and must do so within 6 months.

When Does the Statute of Limitations Start Running?

California’s statute of limitations for personal injury generally begins running on the date the injury-causing accident occurs. However, if the harm was not immediately discovered, the statute of limitations begins running on the first date it becomes known or should reasonably have been discovered.

There are some exceptions to the two-year statute of limitations in California that permit an injury victim to wait longer before suing. For example:

• If the plaintiff is under 18 years old the statute usually will not run.
• The statute of limitations will be tolled or paused if the defendant is absent from California for work, vacations, or other reasons unless they are nonresident motorists.
• The statute tolls if the defendant is mentally incompetent when they engaged in the injury-causing conduct until they are no longer incompetent.
• In some situations when the victim is imprisoned, the statute may be tolled either until their release or two years, whichever is sooner.
• As long as the plaintiff is serving in the military.
• Death of the plaintiff can toll the statute of limitations.

Consequences of Statutory Bar

If you do not abide by the statute of limitations that applies in your situation, there are serious, permanent consequences which can adversely affect your financial future. If you wait too long to file your case, the defendant can assert you are statutorily barred for noncompliance with the statute of limitations. This will result in the dismissal of your case and the permanent loss of your ability to recover compensation in court for your injuries.

Speak to a California Personal Injury Attorney

If you or a loved one have been hurt by someone’s negligence, you should contact the experienced personal injury attorneys at Daneshrad Law without delay to make sure you don’t lose out on valuable compensation just for not abiding by the relevant statute of limitations. California personal injury attorney Alan Daneshrad has spent years fighting for injury victims just like you and successfully recovered millions in compensation on their behalf. The attorneys at Daneshrad Law have the skill you want when deciding on who you want in your corner. Call us toll-free at (888) 881-3529 to schedule a no-obligation initial case review today. The consultation is free, and you pay nothing until we win your case. Let us evaluate your situation, answer your questions, and get started today.