If you wish to pursue financial compensation for a preventable injury in California, it is important to know that you have a deadline. A California law known as the statute of limitations imposes a strict time limit of two years on your ability to file, in most cases. Waiting puts you at risk of losing the ability to bring a claim.
What Is a Statute of Limitations?
“Statutes of limitations” refer to laws that restrict the amount of time a plaintiff or filing party has to bring a legal cause of action against a defendant or accused party. These laws exist to help keep the justice system just for everyone; without them, the threat of a lawsuit could be held over a defendant’s head indefinitely. It also makes the legal process more timely and efficient.
Two-Year Personal Injury Statute of Limitations in California
The statute of limitations on California personal injury claims is found in Code of Civil Procedure §335.1. This law places a two-year time limit on a personal injury or wrongful death case. It states:
- The Time of Commencing Actions Other Than for the Recovery of Real Property
- Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
This statute of limitations applies to all types of personal injury cases, including car accidents, slip and fall accidents, dog bites, and workplace accidents. Typically, the clock on the statute of limitations starts counting down on the date that the injury was inflicted. However, this can change in certain circumstances.
California’s Statute of Limitations for Personal Injury Claims
Exceptions to the Standard Statute of Limitations
Although two years is the most common statute of limitations on personal injury claims in California, some exceptions may apply. Certain circumstances can shorten or extend the amount of time a plaintiff has to bring a cause of action.
Exceptions to the rule include:
- Property damage: three years
- Wrongful death: two years from the date of death
- Medical malpractice: one year from discovery or three years from injury (whichever is earlier)
- Injured minor: two years from the minor’s 18th birthday
- Breach of contract: four years
- Government claim: six months for a notice before filing a lawsuit
In addition, some situations can extend the statute of limitations. If the injury is not discovered immediately, the victim has two years from the date of reasonable discovery. If the plaintiff is incapacitated, the clock is tolled or paused until the plaintiff regains capacity. Pending criminal actions and out-of-state defendants can also toll the statute.
Why You Shouldn’t Wait to File an Injury Claim
If you wait too long and miss your statute of limitations, your case most likely won’t be allowed to proceed. Even if the courts permit you to file your claim, the defendant will bring up the missed statute of limitations in a request for case dismissal. Unless you qualify for an exception, this request will be granted.
It is important to take legal action without delay – not only because of the statute of limitations, but also for the strength of your case. You need strong supporting evidence to prove your claim and receive compensation. If too much time goes by, your evidence can weaken. Eyewitnesses may forget what they saw, for example, or surveillance tapes may be recorded over.
Don’t wait. Contact an experienced Riverside personal injury attorney near you to find out if you have grounds for a case in California as early as possible to avoid the statute of limitations expiring.