In California, personal injury cases come with strict filing deadlines. Missing them can hurt your claim, even if another party is responsible for harming you through their negligence. To understand the significance of deadlines, it is important to learn about the importance of proof.
Preserving the facts
Courts require reliable evidence to identify negligence and determine levels of responsibility. California uses a pure comparative negligence system for personal injury cases, which means the damages you recover after an accident depend on how at fault you are. For example, if you are 20% at fault, you lose 20% of the money you can recover.
However, evidence is not always easy to gather. The longer you wait, the more complications you might face trying to collect it. If you take too long, problems you may encounter include:
- Witnesses forgetting details over time or moving away, becoming inaccessible
- Security or surveillance footage being deleted
- Medical timelines becoming more difficult to link to singular events
With this in mind, it is important to start collecting proof as soon as possible. This way, you can strengthen your case and help courts determine who is at fault for your injury.
Statutes of limitations
California has a two-year statute of limitations for personal injuries that occur due to another person’s negligence. This serves as a deadline starting from the date of injury. However, if government entities are responsible for your injury, you must present the claim within six months instead. If you do not file a case within the deadline, courts will likely dismiss it and you will lose your right to compensation.
Exceptions and takeaways
California has special laws that allow some exceptions to the statutes of limitations. For example, minors can wait until they turn 18 years old before starting the deadline. Similarly, deadlines are put on hold for people who become incapacitated.
Ultimately, these deadlines exist in California to keep cases accurate and manageable. In most injury cases, you have two years to file a lawsuit, but if a government entity is involved, you usually must file an administrative claim within six months before you can sue. This encourages the swift gathering of evidence, helping courts prove who is at fault and determine whether or not you can receive damages. Though meeting deadlines to file personal injury claims can be stressful, it is important to do so quickly to collect proof and strengthen your case.