If you are hurt in an accident, your first thoughts will probably be devoted to practical matters. You may be focused on getting medical care, getting your car fixed, and dealing with other issues related to the crash. While these things are important, you should also be mindful that there is a deadline to file a personal injury lawsuit in California.
The statute of limitations for personal injury lawsuits in California is 2 years for most cases. This means that you generally have 2 years from the date of your accident or injury to file a lawsuit or risk losing your right to sue. Our Walnut Creek personal injury attorneys will evaluate your case to determine the proper deadline and work to protect your legal rights and get you the compensation that you deserve.
The Appel Law Firm represents injured victims throughout Northern California who have been hurt in all types of accidents. We handle all personal injury cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. Reach out to learn more or to schedule a free initial consultation with a Walnut Creek car accident lawyer.
What Is the Statute of Limitations for California Personal Injury Cases?
In California, most personal injury cases have a 2-year deadline. This is known as the statute of limitations. If you don’t file a lawsuit against the person who caused your accident within that time frame, then you might lose the right to sue entirely.
The statute of limitations begins to run when you discover or should have discovered your injury (whichever happens first). The discovery rule recognizes that not all injuries are immediately apparent. It ensures that a person who was hurt in an accident can still file a claim, even if they don’t realize right away that they were hurt.
For example, consider a situation where a man is in a rear-end accident in Walnut Creek. He feels fine after the accident, but a month later, he is diagnosed with a soft-tissue injury to his neck from the crash. In this case, the statute of limitations would begin running on the day that he learned that he was injured, instead of on the day of the accident.
There are different statutes of limitations for different types of personal injury claims. This includes:
- Medical malpractice: the earlier of 1 year from the date that the injury was discovered or should have been discovered, or 3 years after the injury occurred. For minor victims of medical malpractice, the statute of limitations is 3 years from the date of the wrongful act, or by their 8th birthday if the victim was under 6 years old. Lawsuits for birth injuries must be brought within 6 years of birth.
- Government claims: if you were injured due to the negligence of a California government agency (or its employees), you must bring an administrative claim within 6 months of the injury. The government then has 45 days to respond. If the government denies your claim, you have 6 months to file a personal injury lawsuit. If the government does not respond to your administrative claim, then you have 2 years from the date of your injury to file a lawsuit.
The application of the statute of limitations can be relatively straightforward in many cases. In other situations, it can be complicated to figure out what deadline applies to your claim. If you have questions, our experienced Walnut Creek personal injury lawyers can analyze your case and help make sure that your claim is brought in a timely manner.
The statute of limitations can feel harsh. After you’re hurt in an accident, filing a lawsuit might be the last thing on your mind. However, this rule is designed to make sure that evidence in a civil lawsuit is fresh. When you wait too long to file a claim, evidence may be lost, and witness memories may fade. This can make it difficult for accident victims (plaintiffs) to build a strong case.
Statutes of limitations also protect at-fault parties (defendants) from having to defend against a “stale” legal claim. It would be incredibly difficult for most people to put together a defense to a claim for something that may have happened 5 years ago, such as a slip and fall. Setting a time limit for filing claims ensures fairness for plaintiffs and defendants alike.
Are There Exceptions to the Personal Injury Statute of Limitations?
In some situations, the statute of limitations may be tolled (paused). While tolling is not exactly an exception to the statute of limitations, it does give you additional time to pursue a claim.
The statute of limitations may be tolled in your case if the defendant is:
- Under 18 years old
- Outside of the state of California
- In state prison (not county jail)
- Legally insane
The statute of limitations will begin to run again once the condition has ended. For example, if a 16-year-old driver hit you in an e-bike accident, the statute of limitations won’t start until the driver turns 18. This gives you additional time (up to the defendant’s 20th birthday) to file a lawsuit.
Similarly, the statute of limitations won’t start running if you (the injured party) were a minor at the time of the injury. It usually does not begin to run until you turn 18, when you gain the legal capacity to make decisions. While your parents or guardians can file a personal injury lawsuit on your behalf while you are a minor, the statute of limitations will effectively be extended to your 20th birthday.
For personal injury cases involving criminal acts (such as elder abuse), the statute of limitations is a bit different because the defendant may be incarcerated. If you were the victim of a serious felony (such as rape or attempted murder), you have 10 years from the defendant’s discharge from parole to file a lawsuit. For a less serious felony, you have 1 year from the date of the judgment of conviction or the standard personal injury statute of limitations, whichever is longer.
The statute of limitations is also extended for victims of child sexual abuse. In these cases, victims can file a personal injury lawsuit against their abusers by the later of their 40th birthday or 5 years after discovering the abuse.
If you have been hurt in any type of accident, you don’t have to figure out the statute of limitations, tolling, and exceptions on your own. Our California personal injury law firm is adept at navigating complex personal injury cases. We will work to protect your legal rights while advocating for you to get maximum compensation for your injuries.
Talk to a Seasoned Walnut Creek Personal Injury Lawyer
The statute of limitations is a rule that is designed to ensure fairness for plaintiffs and defendants alike. In most cases, you will have 2 years from the date of an injury to pursue legal action. Talking to a Walnut Creek personal injury attorney sooner rather than later can help to ensure that you meet this deadline so that you get the money that you deserve for your injuries.
The Appel Law Firm represents clients in the greater Walnut Creek area who have been injured in car accidents, truck accidents, boating accidents, bicycle accidents, motorcycle accidents, and other types of accidents. We will work with you to help you understand your rights and to get maximum compensation for your losses, including money for your medical expenses, lost wages, property damage, pain and suffering, and more. To learn more or to schedule an appointment with a Walnut Creek personal injury lawyer, give us a call at 925-938-2000 or fill out our online contact form.
