What is The Statute of Limitations on a Personal Injury Case in CA?

The statute of limitations on a personal injury case in CA is two years. This law sets a predetermined time limit on your right to sue someone for a personal injury. If you miss the two-year deadline, the party liable for your injury can raise the statute of limitations defense.

If they can establish that you have missed the deadline, the court will refuse to hear your case and dismiss it, meaning you will not get compensation for your accident-related damages, unless there is an exception that applies to your case, which can extend the time limit.

What Are The Personal Injury Statute of Limitations Exceptions in CA?

The time limit will not start running until the injured party is 18 when they were a minor when the accident occurred. Also, if the injured party was mentally incapacitated when the accident happened, the time limit will only start running when they regain their mental capacity. Depending on the specific circumstances of your case, the time limit may begin later than the accident date or may be paused even after it began running if any of the following exceptions apply to your situation:

• Delayed injury discovery – The time limit may be extended if you were in an accident and your symptoms didn’t appear until several days or weeks after the accident.
• The liable party is not in California – If the defendant or liable party left the state, you can request the time limit to be tolled until they come back to the state.

Different Types of Personal Injuries Have Different Statutes of Limitations in CA

Depending on the specific type of personal injury, the deadline for filing a personal injury case can vary significantly:

• Child Sexual Abuse – Up until 40 years old or five years after the injured plaintiff discovered or should have reasonably discovered that they suffered an injury or illness after turning 18 years old.

• Claims Against The Government – Six months from the accident date

• Domestic Violence – Three years after the last domestic violence incident happened or after the injured plaintiff discovered or should’ve reasonably discovered the illness or injury due to the incident

• Felony Victims – One year after the defendant receives their judgment or 10 years after the defendant has been discharged from parole for victims of serious felonies

• Medical Malpractice – One to three years, depending on the specific circumstances of the case.

Obtain Legal Guidance From a Seasoned CA Personal Injury Lawyer Today

If you’re considering filing a personal injury claim against the at-fault party that harmed you, contact our CA personal injury lawyer right away to understand how the statute of limitations applies to your case. Two years might seem like a very long time. However, time can be a blur when you are recovering from your injuries, receiving medical treatment, dealing with insurers, and can’t go to work. It may also take some time to build a solid personal injury claim.

Get started on your case today and schedule your free consultation with the CA personal injury lawyer at Bamieh & De Smeth by dialing 805-643-5555 or sending us an online message.