What is the California Personal Injury Statute of Limitations?
You’ve been injured because of someone else’s negligence or recklessness. What happens next? With the assistance of a personal injury lawyer in Orange County, you can fight for compensation to cover your medical bills, lost wages, and other expenses. However, you are on a timeline. Find out more about the statute of limitations for a personal injury claim and how the team at DeWitt Algorri & Algorri can help you.
At DeWitt Algorri & Algorri, we know what it takes to secure a favorable outcome for our clients. Over the course of our decades in practice, we’ve won millions for our clients. Our victories include $6.5 million for a defective product claim, over $5.5 million for a construction accident, and $470,000 for a bicycle accident. Find out what laws apply to your claim’s timeline, and to discuss your case in greater detail, call DeWitt Algorri & Algorri at 855-946-6464.
The Time Limit for a Personal Injury Lawsuit in California
In most cases, the statute of limitations for a personal injury claim in California is two years from the date of the injury. This gives the victim plenty of time to seek justice with a personal injury claim. However, please note that this doesn’t mean you should wait two years to file a claim. Evidence begins to erode shortly after an injury occurs, and waiting too long to start the personal injury claim process could leave you with a very weak case.
While two years is the general standard under California law, there are several exceptions.
Medical Malpractice Claims – Although medical malpractice cases fall under the general umbrella of personal injury law, they are considered a separate type of claim under California law. If you want to file a medical malpractice claim, you have three years from the date of the injury or one year from the date that the injury was discovered.
There are several situations that “toll” the deadline or otherwise extend it. If a foreign object, like a surgical glove or medical instrument, is left in the body, there is no maximum time limit. However, you do have to file the claim within one year of discovering that the item was left in you. If the victim is younger than six years old, the case can still be filed outside the three-year window as long as the child is not yet eight years old. Finally, the statute of limitations is tolled if the care provider committed fraud or hid their misconduct.
Exceptions to the Law – One exception to the general statute of limitations is delayed discovery. If your injury isn’t immediately apparent or you don’t know that someone else’s actions contributed to it, the statute of limitations does not start until you become aware of the situation.
In some situations, the liable party flees the state before you can file a claim against them. You are unable to file a case against them, so the statute of limitations is paused until they return to the state.
When the injured party is a minor or is otherwise unable to make legal decisions for themselves, the standard statute of limitations does not apply.
When You Have a Claim Against the Government – What if the liable isn’t an individual person or private corporation, but a government entity? For example, you are involved in a car accident that leaves you severely injured. You later discover that poor road maintenance was the primary cause of the crash, so you want to file a claim against the government. The process is significantly different, as outlined in California Government Code. If you can prove that the entity’s negligence led to your injury, you can file a claim against them and seek compensation. However, the process is considerably different from a standard personal injury claim.
The first step is to file an administrative claim against the government, and you must do this within six months of the injury. They then have 45 days to respond. If they do not respond within the 45 days, you can file a lawsuit against them. The statute of limitations for this is two years. If your administrative claim is denied, you have six months to file a lawsuit.
Choose DeWitt Algorri & Algorri for Your Personal Injury Claim
A lot of factors affect a personal injury claim, and there are lots of parties fighting you as you pursue compensation. That’s why it’s important to work with a personal injury lawyer ready to push aggressively for the money you deserve. Set up a free consultation with our firm to discuss your claim, find out how we’ve helped others in similar situations, and learn what your next step is. Give us a call at 855-WINNING or get in touch online now.
Mark Algorri has successfully represented individuals and their families in matters involving serious and catastrophic injuries, insurance claims denials, and wrongful deaths, achieving a success rate of 99 percent for our clients.
