When you’ve suffered a personal injury in California, whether it was from a car accident, a slip-and-fall or any other incident caused by someone else’s negligence, it is crucial to act quickly. You have a limited time to file a lawsuit. What is the time limit for these legal actions?
What is the statute of limitations?
The statute of limitations is a law that sets the maximum time after an event within which you can file a lawsuit. When the period specified under a statute of limitations passes, the injured party loses the right to file a lawsuit seeking damages.
In California, you generally have two years from the date of the injury to file a lawsuit against the party at fault. If you do not file within this time frame, you may not be able to recover any compensation for your injuries.
Could you have a different deadline in your situation?
There are a few exceptions to this general rule. For instance:
- Discovery rule: Sometimes, you may not notice your injury immediately. In such cases, California law allows the statute of limitations to begin from the date the injury was or should have been discovered.
- Minors: If the injured person is a minor, the statute of limitations does not begin to run until they turn 18. However, medical malpractice claims involving minors have different rules, requiring action before the minor’s eighth birthday in most cases.
- Government entities: Claims against government entities or employees have a different procedure. You must file an administrative claim within six months of the injury. If the government denies your claim or does not respond, you have a limited time to file a lawsuit in response.
Given the strict deadlines imposed by the statute of limitations, consulting with an attorney experienced in personal injury law is advisable. They can offer guidance specific to your case and help ensure that you file your claim on time.
Remember, the clock starts ticking on the date of the injury. It is wise to begin the process as soon as possible to protect your rights and secure the compensation you deserve.