What You Need to Know About the Personal Injury Statute of Limitations in California
For laws related to personal injury in California, there is a statute of limitations, which restricts the time period from the incident in which one can file a case. Here’s what you need to know about the personal injury statute of limitations in California.
As defined in California Penal Code Section 335.1, victims of personal injury have two years from the personal injury to file a lawsuit. If the injury was not discovered right away, victims have one year from their discovery date to file a lawsuit.
What is a Statute of Limitations?
Also known as a prescriptive period, a statute of limitations is a maximum time period after an event in which legal proceedings can be initiated. This time period is set by a legislative body. Depending on the event, which could be either civil or criminal, this time period could vary.
However, despite the existence of a statute of limitations in a case, it is still encouraged that victims file their cases as soon as possible. In general, the sooner that a survivor brings their case to court, the more elements of the case (such as witnesses or evidence) are available, and the more likely it will be that the case will be successful.
The California state court says that most lawsuits must be filed within this time period, and that once the statute of limitations period is over, the lawsuit is no longer valid. To calculate how long it’s been since the incident, the California state court recommends reaching out to a lawyer who can help with the calculation, or consulting the court’s self-help resources.
What is Personal Injury?
Personal injury cases refer to cases in which an individual hurt the victim, regardless of if the injury was intentional or not. Things like personal injury accidents, wrongful death, assault, battery, infliction of emotional distress, wrongful acts, and negligent acts are considered personal injury.
Related: Bodily Injury vs Personal Injury: The Difference
Suing the Government for Personal Injury
According to California Government Code Section 911.2, before suing a government agency, one has to file an administrative claim with the government office or agency within six months of the date of injury before filing in court. After filing the claim, the government has 45 days to respond.
If the government rejects the claim during the 45 days, the victim has six months from the date the rejection was delivered to file a lawsuit. If the government doesn’t respond within 45 days, the victim has two years from the date of injury to file a lawsuit.
Therefore, because of the extra claim necessary to be filed, in addition to stronger evidence and witnesses, it is again encouraged that individuals file as soon as they are aware of the crime that took place.
Related: How to Find a Good Personal Injury Attorney In California
FAQs About the Personal Injury Statute of Limitations in California
Are there any exceptions to the statute of limitations?
Sometimes, the metaphorical “clock” that the statute of limitations is running on may be suspended for a period of time (known as “tolling”). This usually happens when the defendant is a minor, out of state, in prison, or is mentally insane. When the reason for tolling ends, the clock begins running again. However, cases of tolling are usually complicated, and therefore should be discussed with a lawyer.
What if I miss my opportunity to file my lawsuit?
Unfortunately, if you miss the window of opportunity that the statute of limitations provides, it is very likely that the California state court will refuse to hear your case.
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If you have any more questions about the personal injury statute of limitations in California, contact us. Get your free consultation with one of our experienced Personal Injury Attorneys in California today!