Did you know that there are 39.5 million personal injury cases requiring medical treatment in the US every year? Personal injury is a legal practice that covers different types of accidents, including product liability, dog bites, and medical malpractice. While only 3 to 4% of personal injury cases go to trial, it is still important to know the statute of limitations for personal injury.
According to California state laws, there is a time limit for plaintiffs to initiate legal proceedings after suffering harm due to another party’s negligence or intentional actions.
In this article, you will discover the statute of limitations for each personal injury case and how taking timely action can preserve your legal rights and give you a fair opportunity to recover compensation for your injuries.
Keep on reading, and let us walk you through the details and the various statutes of limitations that apply in California.
General Overview of Statute of Limitations
The statute of limitations refers to the time limit within which you can file a personal injury lawsuit. In California, the general statute of limitations for personal injury cases is two years from the date of the injury. This means that if you suffer an injury due to someone else’s negligence, you have two years to file a lawsuit seeking compensation for your damages.
If you fail to file your lawsuit within the statutory time limit, your case may be barred forever. But there are some exceptions to this rule. If your injury involves a government entity, you may be required to file a government claim within six months, and then you’ll have additional time to file a lawsuit. If the injury wasn’t immediately apparent, you may have a longer time frame to file, starting from the date you discovered or should have discovered the injury.
The statute of limitations differs in each state. But most states, like California and Arizona, have a two-year limit when it comes to filing a personal injury claim. If you have any doubts or concerns, it’s advisable to consult with a personal injury attorney who can guide you through the legal process and help you meet all the necessary deadlines.
Statute of Limitations for Car Accidents
The statute of limitations for car accidents in California is generally two years from the date of the accident. This means that you have two years from the date of the accident to file a personal injury lawsuit, but some situations may warrant exceptions to this two-year limit.
If the accident resulted in a wrongful death, the statute of limitations is shortened to two years from the date of the death, and likewise, if the accident involved a government entity, such as a city or county, you may be required to file a claim within a much shorter period, such as six months. Consulting an experienced car accident lawyer can help you understand the specific statute of limitations that applies to your case.
Statute of Limitations for Slip and Fall Cases
In California, the statute of limitations for slip-and-fall cases is generally two years from the date of the accident. The statute of limitations is a strict deadline, and if you fail to file your lawsuit within this timeframe, you may be barred from pursuing your claim. So, act promptly and ensure that your lawsuit is filed within the designated time limit.
There are certain exceptions and variations to slip and fall cases—the discovery rule and government liability. If your slip-and-fall accident occurred on public property, such as a government-owned building or park, you may be required to file a government claim within six months from the date of the accident. This claim must be filed before you can proceed with a lawsuit.
In cases where the injury isn’t immediately apparent, the timeline may begin when the injury is discovered rather than when it occurred. Take note that the statute of limitations may differ depending on the circumstances of your case. That’s why it’s advisable to consult with a personal injury attorney who can assess your situation.
Statute of Limitations for Medical Malpractice Claims
Medical malpractice occurs when a healthcare provider’s negligence causes harm to a patient. It is a challenging and complex area of law, which is why seeking legal advice is advisable. The statute of limitations for medical malpractice claims is generally set at three years from the date of injury or one year from the date the injury was discovered, whichever comes first. Exceptions also exist.
If the injured party is a minor, the statute of limitations may be tolled until they reach the age of 18, and if the injury was caused by a foreign object left inside the patient’s body, the statute of limitations may be extended to one year from the date of discovery.
You should consult with a personal injury attorney as soon as possible if you believe you have a medical malpractice claim. An experienced attorney can evaluate your case, gather evidence, and guide you throughout the legal process.
Exceptions and Extensions to the Statute of Limitations
In personal injury lawsuits in California, certain circumstances can affect the statute of limitations, either extending or shortening the time frame within which a lawsuit must be filed.
The discovery rule: Under this rule, if you didn’t discover your injury immediately or if the injury wasn’t immediately apparent, the two-year clock may start ticking from the date of discovery. This can be applicable in cases where the injury isn’t immediately noticeable, such as in cases of medical malpractice or exposure to toxic substances.
For minors: If the injured party is a minor at the time of the injury, the statute of limitations doesn’t begin until the minor turns 18 years old. This means that they’ve got until their 20th birthday to file a personal injury lawsuit.
Extension Through Tolling: Tolling occurs when the injured party is unable to pursue their claim due to factors such as being incarcerated or mentally incompetent. In such situations, the statute of limitations may be extended until the person is released from incarceration or regains mental competency.
Exceptions and extensions to the statute of limitations can be more complex and case-specific. That’s why it’s necessary to consult with a personal injury attorney to have your specific circumstances evaluated and know the best course of action. By seeking legal advice promptly, you can ensure that your rights are protected, that you have the most up-to-date legal advice, and that you don’t miss out on filing a valid personal injury claim.
Conclusion
If you’ve been injured in California, you have to be aware of the statute of limitations for personal injury. The statute of limitations sets a time limit for filing a lawsuit after an injury occurs. When faced with a personal injury charge, don’t hesitate to consult with a legal professional who can give you personalized advice based on your specific needs.