The statute of limitations for personal injury claims in California is generally two years from the date of the injury, as set forth in California Code of Civil Procedure section 335.1. This means that a person must file a lawsuit seeking compensation for their injuries within two years from the date of the accident or from the date the injury was discovered or should have been discovered. Failure to file a lawsuit within this time frame will likely result in the case being dismissed by the court.
However, there are several potential limitations and exceptions to this general rule. For example, if the injury was caused by medical malpractice, the statute of limitations may be extended to three years from the date of the injury, or up to one year from the discovery of the injury, whichever comes first.
Additionally, if the injured party is a minor, the statute of limitations may be tolled until the minor reaches the age of 18. This means that the two-year limitation period will not begin to run until the minor has turned 18 years old.
There may also be other factors that can affect the statute of limitations in a specific case. For example, if the party responsible for the injury is a government entity, there may be additional notice requirements and shorter time frames for filing a claim. It is important to consult with a licensed attorney to review the specific facts of your case and determine the applicable statute of limitations and any other potential limitations or exceptions.
In order to protect their rights and ensure that they do not miss any important deadlines, individuals who have suffered a personal injury should seek the advice of a qualified attorney as soon as possible. An attorney can help investigate the facts of the case, provide guidance on the applicable statute of limitations and other legal requirements, and help ensure that important deadlines are met.
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