What Is the Statute of Limitations for Personal Injury in California?
You may be aware of your rights to financial compensation for harm suffered due to another person’s negligence. What you may not have considered is the duration of these rights. All states have a set window within which victims of accidents are supposed to file a lawsuit, after which they lose that right. This window is called the statute of limitation. This guide delves into the statute of limitations as stipulated under California law and everything you may need to know about the topic, so keep reading to learn more.
California Statute of Limitation
California statute of limitations depends on the type of personal injury claim or the defendants involved. The statute is two years for most cases, such as car accidents, dog bites, bicycle and motorcycle accidents, and slips and falls. For medical malpractice lawsuits, the statute of limitation runs for three years from the date of injury or within one year of discovering that medical malpractice occurred and caused you harm, whichever comes first. If an injury causes death and you want to sue for wrongful death, the statute of limitation would start running after the death, not on the date of the accident.
Statute of Limitations for Governmental Agencies
Personal injury cases against the government or governmental entities have a relatively short statute of limitations and different claims procedures. First, you have to file an administrative claim with the governmental agency responsible for the accident within six months of failure, to which you lose your right to compensation. Governmental agencies have 45 days from the date a victim files a claim to respond to your claim. If they respond by denying, you have an additional six months to file a claim in court. If they do not respond, you have up to two years to file a claim.
Exemptions to the Statute of Limitations
“Some circumstances outside your control can make filing a claim in time impossible. California law recognizes these situations by providing an exemption for the statute of limitations in such situations to maintain fairness,” says personal injury lawyer Harry Nalbandyan of Levin & Nalbandyan, LLP.
The most common exemption is the discovery rule. This rule addresses a situation where a victim may not realize that they have suffered an injury due to another person’s negligence until later. A good example would be the realization that consuming a harmful product causes health problems months or years after consumption, in which case the statute of limitation starts running after diagnosing the related problem.
You can only sue a defendant if you can locate them. That said, the statute of limitation stops running if the defendant leaves or is not traceable. Besides having the statute of limitation extended by the period the defendant was untraceable, they could also face criminal consequences.
For personal injury cases involving minors, the statute of limitation expires on the victim’s 20th birthday because it only starts running after they become a legal adult at 18.
Can I Sue After the Statute Limitation?
The statute of limitation is a defense for the defendant. So, you can still sue after the expiry of the statute of limitation, but your claim will likely fail because there is no way the defendant will overlook that. If you have a good reason for not filling within the statute of limitation, you should consider getting legal representation because the opposing side will still seek to have your case thrown out.
