In a personal injury case, anybody who is injured, a claimant, or a plaintiff is appointed a time period under the statutes of limitation within which to bring a case in court. Hence, understanding the statute of limitations for personal injury actions is very crucial, for not filing any action within the time limit gives such a victim, claimant, or plaintiff no chance to bring an action in court against his or her opponents to pursue claims.
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California’s General Statute of Limitations Governing Personal Injury Claims
Personal injury
Two years from the date of the accident or happening.
California Civil Procedure Code 335.
Wrongful death
Within two years after death.
California Civil Procedure Code 335.
Product liability
2 years from the date of the accident or incident.
California Civil Procedure Code 335.
Property Damage
3 years from the date of the damage or incident.
California Civil Procedure Code 338(c), paragraph (1)
The Code of Civil Procedure provides those sections that prescribe the statute of limitations for personal injury, governing the applicability to all civil actions. If your case is different from those above, take a look at California Code of Civil Procedure Sections 312-366. Consult with an attorney to determine which is the applicable statute of limitations for personal injury for your case.
When Does the Statute of Limitations for Personal Injury Start Running Regarding a Claim?
The California statute of limitations starts from the date upon which an injury occurs. In most cases, the actual date of the occurrence is the date on which the accident or incident happened in personal injury cases. A car accident, a slip and fall, or a dog bite could all be considered accidents. What happens if I have a personal injury claim against a minor? The time limit begins to run only when the child turns 18. An injured minor can file a legal action for personal injury until the age of 20; otherwise, the claim would be barred by the Statute of Limitations.
What Happens if I Have a Personal Injury Claim Against a Government Agency or Entity (State or County)?
Before you can file a lawsuit, you have to submit a “claim” or “administrative” form specific to the agency or entity you would like to sue. Each government agency has its own claim form that must be filled out and submitted. You need to submit the correct claim form for personal liability or property damage within a period of six months after the accident occurs or the injury occurs. The 6-month rule also applies to minors.
The rule stipulates that government entities or the agency must acknowledge their receipt of such notification within 45 days. If such notification has been given, one must, in turn, either sue regarding that claim within six months if an adverse decision was rendered within 45 days, or if rejection is not denied, he must bring his lawsuit within two years from the date of the incident or accident. Here, it is very important to understand the statute of limitations for personal injury claims so you can contact the agency or organization to which you submitted a claim form for confirmation that the rejection letter was not lost in the mail.
The calculation of the statute of limitations on claims against a government is indeed very difficult, and you will need a lawyer who is well-versed in the requirements of filing lawsuits and claims against government agencies or entities. If you have missed a deadline, do not waste any time consulting with a lawyer about whether a late claim may be invoked or whether an exception will allow your case to proceed.
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What Happens if I Don’t File My Lawsuit in Time?
A lawsuit filed after the expiration date indicates that one cannot file a claim or recover damages unless an exception applies. Injured parties, claimants, or plaintiffs who fail to file a suit before expiration lose the right to sue and be compensated. Courts will dismiss lawsuits after expiration. It’s important to consult an experienced attorney at the earliest if you feel that the statute has run out. They can determine whether the statute was tolled or whether any other exceptions allow his/her filing after the expiration date.
Does the Statute of Limitations Apply to Personal Injury Cases?
In very specific and limited circumstances, the statute of limitations can be tolled or delayed for a certain period of time. Tolling a statute of limitations is only possible in very limited and specific circumstances. An attorney with experience will be needed. It is thus very imperative to consult with your private lawyer if the statute of limitations has passed on your case, just to help you determine whether you can still pursue the claim for damages and file a suit.
Does This Provision Also Apply to All Statutes of Limitations in California?
Certainly not! This summary covers California Statutes of Limitation as they pertain to personal injuries, wrongful deaths, product liability, and property claims. You need to see a personal injury attorney as soon as possible to learn about the deadlines for filing your lawsuit.
How do I get to know more about the statute of limitations for personal injury in California regarding claims on personal injury and wrongful death? For reading more on the statutes of limitations, you may want to check the links below. It becomes clear from the above that California has quite a complexity, so the best idea is to consult an experienced personal lawyer as soon as possible to decide upon the deadline for filing a lawsuit. This should be done in case the statutes of limitation have already expired. This will allow a personal injury attorney to investigate the facts of your case to determine when your statute of limitations for personal injury expires.
Bottom Line!
A rather unusual statute in California applies the statute of limitations for personal injury claims. A lapse in the deadlines would render the application ineffective in terms of obtaining recompense. A car accident, a slip and fall, or even a wrongful death claim can attest to the fact that these situations would be momentarily critical.
Tenina Law’s seasoned personal injury attorneys are ready to review the litigation deadlines and to guide you through all applicable steps in the legal process.
Call Tenina Law, but remember, the time is not so long before your claim will be filed and your rights fully protected.
