How Long Do I Have to File a Personal Injury Lawsuit in California?
After most personal injury accidents in California, you must file a lawsuit within 2 years from the date of the accident. This is known as the statute of limitations. If you don’t file the Roseville injury lawsuit within this time period, your right to file is usually forfeited, meaning you won’t recover compensation at all, even if it’s clear that the other person was at fault and you experienced significant injuries.
Sometimes, there are exceptions to this rule, and the deadline changes. Some of the most common ones include:
Injuries Involving Minors
If the person hurt is under 18, the statute of limitations does not start right away. Instead, it is put on hold until they turn 18. From their 18th birthday, they usually have two years to file a lawsuit.
Mental Incapacity
If the injured person can’t make legal decisions due to mental incapacity at the time of the accident, the time limit is paused. The clock generally starts when the person regains the ability to understand or manage their own affairs.
Defendant Leaves the State
If the person who caused the harm leaves California after the accident occurs but before a lawsuit can be filed, the clock may stop running the whole time they are out of state. The statute of limitations continues only when they return to California. This is to prevent a defendant from leaving the state just to avoid a lawsuit.
Fraud or Concealment
If a defendant hides their involvement or actively covers up the true cause, the start time for the limitation period may be delayed. The clock usually begins when the wrongdoing is discovered or, with reasonable efforts, could have been discovered.
Discovery Rule
If the victim didn’t find out about the injury or couldn’t have reasonably known about the connection between the injury and what the defendant did, the limitation period starts on the date of discovery. This can apply in situations involving internal injuries or hidden conditions directly caused by the accident.
Claims Against Government Entities
Any claim involving a government agency requires filing a government claim form first. You usually have just six months from the date of the injury to do this. The government has 45 days to respond. If they deny your claim, you then have 6 months to file a lawsuit. If they don’t answer within those 45 days, you’ll have the normal 2 year deadline from the date of the accident to file your lawsuit.
Medical Malpractice Cases
If your injury stems from medical negligence, the deadline is different. You generally have one year from the date you discover the injury or should have discovered it, or three years from the date of the injury, whichever deadline comes first. Some exceptions exist within this exception. For example, if the injury involves a doctor leaving a foreign object inside your body, you have one year from the date of discovery – there is no three-year limit.
Determining the deadline for your personal injury case is a little bit more complicated than it might seem at first. Because the stakes are so high – you could lose your chance to file altogether – it’s important to speak with a legal professional as soon as possible. They can tell you what the deadline is and start gathering evidence to prove your claim. Reach out today to schedule a free consultation.