If you wish to hold someone responsible for your recent accident and injury in Bakersfield, it’s important to take action sooner rather than later. You may deserve justice, but you won’t get it if you wait too long and miss your statute of limitations or deadline for filing. Learn your statute of limitations in Bakersfield so that you can file before it’s too late. If you were injured and need help with your case, contact our Bakersfield personal injury lawyers for a free consultation.
General Statute of Limitations in California
A statute of limitations is a law that is in place to encourage timely filing among plaintiffs or injured parties. It places a legal deadline on when to file certain types of claims. Statutes of limitations are strictly enforced, making them important to know and obey as an accident victim in Bakersfield.
Two-Year Rule for Most Personal Injury Claims
Most personal injury claims within the State of California must be filed no later than two years from the date of the harmful event. California Code of Civil Procedure § 335.1 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.
This two-year deadline applies to most personal injury cases, including motor vehicle accidents, slip and falls, dog bite injuries, defective products, and intentional torts (e.g., assault).
When the Clock Starts Ticking
For the most part, the clock on California’s personal injury statute of limitations starts ticking on the date of the accident. However, if the victim did not discover his or her injuries immediately – such as in a case involving delayed discovery – the clock won’t begin until the date that the victim discovered the injury, or reasonably should have discovered it with due diligence.
Exceptions to the Standard Deadline
Extenuating circumstances surrounding your accident may lead to a slightly different deadline than the average personal injury case in Bakersfield.
Exceptions to the general statute of limitations include:
- Medical malpractice claim: one year from the date of discovery or three years from injury
- Injuries involving minors: two years from the date of the minor’s 18th birthday
- Mental incapacity: two years from the date that capacity has returned
- Defendant absence: the deadline is tolled, or paused, until the defendant returns to the state or can be located
In addition, a wrongful death claim in Bakersfield must be filed within two years of the date of the deceased person’s death, if this differs from the date of the accident.
Government Injury Claims in Bakersfield
The rule of sovereign immunity affects claims that are brought against government entities in Bakersfield. This law protects the government from liability in many situations. If you have grounds to sue the government, your statute of limitations will be different under the California Government Code.
Six-Month Administrative Claim Requirement
Under state law, you must give written notice of your intent to bring legal action against a government agency in Bakersfield within just six months of the accident or injury discovery. If the entity does not respond within 45 days or rejects your claim, you have two years from the date of the incident to file a lawsuit.
Why These Deadlines Matter
Two years may seem like a long time, but it’s important not to wait to file your personal injury claim in Bakersfield. Waiting can lead to the loss of key evidence in your case, such as witness testimony becoming unreliable. It can result in you missing your statute of limitations and being barred from financial recovery.
Consequences of Missing the Filing Window
Your case will likely be dismissed if you attempt to file after the deadline. The defendant can (and generally will) file a motion to dismiss based on the expired statute of limitations. This will result in the courts dismissing your case, even if you had strong evidence.
How a Personal Injury Lawyer Can Help
The best way to protect your right to recover financial compensation is by contacting a Bakersfield personal injury lawyer as soon as possible after a harmful accident. Your lawyer can initiate the legal process in a timely manner and ensure you file within the legal timeframe to give you the best possible odds of success.