If you get injured because of someone else’s careless or wrongful acts in San Bernardino, it is important to act quickly to file a related personal injury claim. California has a law that places a two-year deadline on the majority of cases. Waiting to contact a San Bernardino personal injury lawyer could put you at risk of losing the right to file forever.
Standard Statute of Limitations in California
A statute of limitations is a law that exists in all 50 states to encourage timely claims filing. It imposes a strict time limit on the right to sue. A statute of limitations keeps a personal injury fair in multiple ways. It prevents the threat of a potential lawsuit from hanging over the defendant’s head indefinitely, as well as preserves key evidence before it gets lost or destroyed over time.
Two-Year Deadline for Most Personal Injury Cases
California’s statute of limitations on the majority of personal injury cases is two years under California Code of Civil Procedure § 335.1. This law states:
- CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 – 349.4]
- 335.1. 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.
Two years may seem like a long time, but the deadline can approach quickly while you are dealing with injuries. Always act sooner rather than later.
Special Considerations for Government-Related Claims
Under the California Tort Claims Act, a notice of intent to file a claim against a government agency for personal injury, property damage or wrongful death must be sent to the defendant within six months of the incident. If you wish to hold the City of San Bernardino or State of California liable, you must act within just six months.
Exceptions to the Standard Deadlines
Two years is the standard deadline for a personal injury case in San Bernardino. However, there are special circumstances that can shorten or extend the filing window. You may have a different statute of limitations depending on the situation.
The Discovery Rule
Not all accident victims recognize their injuries or illnesses right away. If the injury wasn’t immediately apparent, the clock on the statute of limitations may start on the date the injury was discovered or should have been discovered through reasonable diligence.
Claims Involving Minors
For injured individuals under the age of 18, the two-year timeclock typically starts when they turn 18, allowing them to file a claim up to age 20.
Wrongful Death Claims
California’s statute of limitations on wrongful death claims begins on the date of the deceased person’s death and not the date of the accident, if these two dates differ.
Importance of Timely Filing
If you wait and miss your deadline, the defendant (accused party) in your case will most likely submit a motion to have your case dismissed. Your legal right to seek justice will expire, meaning you will be permanently barred from bringing the case to court in San Bernardino. It is critical to contact an attorney as soon as possible after a harmful incident.
Contact Jacoby & Meyers to schedule a free, no-pressure consultation about your case. We can give you information about your specific deadline for filing.