The Statute of Limitations for Personal Injury Claims in California: What You Need to Know

The Statute of Limitations for Personal Injury Claims in California What You Need to Know

You may be eligible for financial compensation if you’ve been hurt because of someone else’s carelessness. However, it’s important to understand that there is a time limit for filing a personal injury claim, known as the statute of limitations. Personal injury claims in California are subject to a statute of limitations, which may be extended or shortened depending on the specifics of the case.

Standard Statute of Limitations

Two years from the time of the incident that caused the injury or damage is the standard statute of limitations in California. This means that you must file your claim within two years of the incident, or you may lose your right to seek compensation. It’s important to note that this two-year time limit also applies to claims for property damage related to the same incident.

Exceptions to the Standard Statute of Limitations

There are some exceptions to the standard statute of limitations for personal injury claims in California. For example, if the injured party was a minor at the time of the incident, the statute of limitations may be extended. In these cases, the two-year time limit does not begin until the minor turns 18 years old. Medical malpractice cases can also extend the statute of limitations if the injured party was unaware of their injury, learn more.

Government Claims

If you plan to file a personal injury claim against a government agency or employee in California, you will need to comply with specific rules and time limits. Under California law, you must file a government claim within six months of the incident. This claim must include the date and location of the incident, a description of the injury or damage, and a request for compensation.

If your government claim is denied, you have six months from the date of the denial to file a lawsuit in court. However, it’s important to note that these time limits are strict, and failing to meet them can result in your claim being dismissed.

Why You Shouldn’t Wait to File Your Claim

Although California has a two-year statute of limitations for personal injury claims, it is always in your best interest to file your claim as soon as possible. Waiting too long can make it more difficult to gather evidence and witness testimony, and it can also make it more challenging to negotiate a fair settlement with the insurance company.