Understanding California’s Statute of Limitations on Personal Injury Claims

Taking timely action is crucial for personal injury plaintiffs seeking justice and compensation after an accident. California’s statute of limitations for personal injury claims imposes a strict two-year deadline for plaintiffs to file a lawsuit after suffering an injury.

The Barnes Firm can help you navigate these critical deadlines to protect your rights and chances of securing a successful outcome. Our knowledgeable personal injury attorneys have an extensive understanding of state timelines for personal injury claims. We handle all the legal paperwork surrounding your case, taking the hard work off your shoulders and giving you peace of mind knowing your claim is in good hands.

What Is a Statute of Limitations?

A statute of limitations legally mandates the time limit for filing a lawsuit after a specific event. In the case of a personal injury claim, this would start on the date the accident or injury occurred.

Statutes of limitations protect prospective defendants from the uncertainty of indefinite jeopardy for legal claims. In addition, evidence disappears, and memories fade with time. Statutes of limitation preserve the integrity of evidence over time and encourage the timely resolution of legal disputes while the evidence is still fresh.

Our personal injury attorneys deeply understand these legal deadlines. We will manage your case efficiently and ensure you file your case on time while maintaining a relentless approach to justice.

How Long Do You Have To File a Personal Injury Claim in California?

In general, the deadline for filing a personal injury claim in California is two years from the date of injury. The clock typically begins to run on the date the injury occurs, with very few exceptions.

Our team of personal injury attorneys at The Barnes Firm are well-versed in all statutory timelines for personal injury claims. We act quickly to initiate the claims process as soon as possible after agreeing to take a case, meaning you’re never left hanging, waiting for an answer. You won’t miss important deadlines when you partner with us, preserving your right to fight for compensation after an accident.

Exceptions to the Statute of Limitations in California

In rare circumstances, the typical statute of limitations may be paused or extended in a process known as “tolling.” These exceptions include the following:

• Discovery Rule: If the plaintiff didn’t know they were hurt or understand the cause of the injury, the statute of limitations may not begin to run until they discover these circumstances.
• Minors: When a minor is injured, the clock does not start to run until they turn 18.
• Mental Incapacity: If the injured party is mentally incapacitated, the statute of limitations may be paused until they regain the capacity to sue.
• Defendant Leaves the State: If the party who caused the injury leaves California after causing the injury but before the plaintiff sues, the statute of limitations may be paused until they return.
• Fraudulent Concealment: If the defendant fraudulently hid the cause of action, the statute of limitations does not run until the misconduct is discovered.

Importantly, claims against government entities have a different deadline from those against private parties. A plaintiff injured by the conduct of a public official or government agency has six months to file an administrative claim. If the government denies the claim, the plaintiff has another six months from the denial to file a lawsuit.

Identifying potential exceptions for your unique situation requires specific legal expertise to avoid missing critical deadlines. Our experienced attorneys can help you determine if an exception may apply to your claim.

What Happens if You Miss the Statute of Limitations Deadline in California?

Missing the deadline to file your personal injury claim nearly always means losing the right to sue. The court will likely dismiss your case, meaning you no longer have the legal opportunity to seek financial compensation for medical bills, lost wages, pain and suffering, and other damages in the wake of an accident.

Therefore, it’s imperative to take immediate legal action. Two years may seem like a long time, but waiting to file and letting the statutory clock run down increases your risk of losing your chance to regain compensation for your injury. Acting quickly and decisively after an accident can make all the difference. Speak with a personal injury attorney as soon as possible after an injury to avoid losing your right to fight for justice.

How the Statute of Limitations Affects Different Types of Personal Injury Cases in California

The general statute of limitations for personal injury claims typically applies to accidents caused by negligence, regardless of the type of injury or the nature of the accident. However, there can be differences depending on the circumstances and nature of your injury.

For example, medical malpractice claims have specific statutory requirements to sue. The statute of limitations for medical malpractice is one year after the date the plaintiff should reasonably have discovered the injury, but no more than three years from the incident. The plaintiff must also give 90 days’ notice before filing a lawsuit.

Work-related injuries also have unique statutory timelines. The statute of limitations for workers’ compensation claims is generally one year from the injury. You must also notify your employer within 30 days of your injury.

Whether you’ve been harmed by a car accident, a slip and fall, a dog bite, or any other kind of personal injury due to someone else’s negligence, our legal team can help. Our experienced attorneys understand the specific deadlines and rules that apply to any injury, ensuring that no detail, however small, is overlooked.

How The Barnes Firm Can Help You Meet Deadlines

Our personal injury lawyers take a proactive and efficient approach to legal representation, backed by over 500 years of combined legal experience. We have a strong track record of success in more than 150,000 accident claims.

When we take on a new case, we immediately assess the specific statute of limitations applicable to their unique case, promptly initiate thorough investigations, and handle all necessary paperwork and legal filings.

Our expertise in navigating the complexities of the legal system means your rights remain fully protected from the start, including your right to recover on personal injury claims. Testimonials from previous clients attest to our skill and dedication in handling cases effectively from beginning to end.

Contact The Barnes Firm for a Free Consultation on Your Case

California’s personal injury statute of limitations imposes strict deadlines on when plaintiffs can sue for their injuries. You must act quickly after an accident to avoid losing your right to compensation.

If you’ve been hurt due to someone else’s negligence, The Barnes Firm is ready to provide immediate expert legal guidance and support. Consulting our seasoned and knowledgeable attorneys right away can make all the difference in the success of your personal injury claim.

With offices in San Diego, Los Angeles, and the Bay Area, our firm serves clients throughout California. To schedule your free, no-obligation consultation for your personal injury claim, call (800) 800-0000 or contact us online today.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes