What is the Statute of Limitations for a California Personal Injury Claim?
If you were injured in an accident caused by someone else’s negligence, you may be able to file a Roseville personal injury lawsuit to recover your damages. What some people don’t realize is that there is a deadline by which you must initiate the claim. Understanding this deadline, as well as some of the exceptions, can help you understand what the process looks like and ensure you don’t miss your chance to recover compensation for your injuries.
What is the General Statute of Limitations in California for Injury Claims?
In California, the general statute of limitations for most personal injury claims, including car accidents, slip and fall injuries, dog bites, bicycle accidents, and pedestrian accidents, is two years. This rule also applies to most wrongful death cases in Roseville, CA (though deaths from medical malpractice may have a different timeline).
CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 – 349.4] ( Chapter 3 enacted 1872. )
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.
The two-year period typically begins on the date of the injury or the person’s passing. If you don’t file your Roseville accident lawsuit within this two-year window, you could lose your right to recover compensation for medical bills, lost income, or pain and suffering.
Exceptions That May Change the Deadline
While this deadline sounds straightforward, there are some exceptions that can complicate the situation, either extending or shortening this deadline. These most commonly include:
The Discovery Rule
Sometimes, you won’t immediately know that you’ve been harmed. In cases where the injury is not obvious at the time of the accident, such as with medical malpractice, chemical or toxic exposures, or injuries with delayed symptoms, the statute of limitations may not begin until you actually discover the injury, or reasonably should have discovered it.
This exception gives victims a fair chance to pursue justice for injuries that don’t surface until later and couldn’t have been discovered.
Claims Involving Minors
If the injured party is under 18 years old, the statute of limitations does not start right away. Instead, it is “tolled,” which essentially means it is paused. Once the injured party reaches the age of 18, the statute of limitations starts to run, and they have 2 years to file their lawsuit.
(a) If a person entitled to bring an action, mentioned in Chapter 3 (commencing with Section 335) is, at the time the cause of action accrued either under the age of majority or lacking the legal capacity to make decisions, the time of the disability is not part of the time limited for the commencement of the action.
Claims Against Government Entities
Lawsuits involving government agencies or employees, such as cases involving a city bus or government worker, have a different time frame. Before filing a lawsuit, you must submit an administrative claim to the appropriate government agency within six months of the injury. If you miss this six-month window, you may be completely barred from bringing a lawsuit, so it’s crucial to act fast and follow the special procedures that apply to these cases.
Property Damage
California law sets a two-year statute of limitations for most personal injury cases, but if your claim involves only property damage, such as vehicle repairs after a car accident, you usually have three years from the date of the incident to file a lawsuit.
Outside California
If the person you want to sue is outside the state of California, the statute of limitations may be tolled during the time they are gone, extending the deadline. The filing deadline is on hold until the defendant comes back to the state, helping ensure you don’t lose your ability to seek justice just because the responsible party has left California.
If you miss these deadlines, it will prevent you from seeking justice in cases where it’s obvious that someone else was negligent and responsible for your injuries. To get clarity about the deadline in your case and to make sure you file on time, call us today at (916) 774-7200 and schedule a free case consultation.