California Personal Injury Statute of Limitations

In California, personal injury cases may seem straightforward. However, building one can prove to be difficult. Facing a personal injury case can be frustrating, especially because you did not ask for this injury to occur and did nothing to cause it. Instead, another party, whether through negligence or reckless behavior, is liable for the harm you have sustained. In these cases, it can be helpful to understand the California personal injury statute of limitations.

If you have experienced an injury in California due to the fault of another individual or entity, you have legal options available. However, it is important that you file your personal injury claim as soon as possible to ensure you stay within the statute of limitations. If you do not file your claim by this deadline, you may risk losing out on your chances to recover compensation to help cover the damages you have sustained due to the accident.

Common Types of Personal Injury Accidents

Before you can understand what the personal injury statute of limitations is in California, you must first know the types of events that a personal injury claim may cover. A personal injury is a legal claim in which you have suffered harm or injury because of another party’s negligent, reckless, or malicious behavior. There are many different types of personal injury cases that can occur in California, including:

• Vehicle accidents: In 2022, the state of California had over 4,000 traffic fatalities due to car accidents. These accidents may also include commercial trucks, delivery drivers, motorcycles, bicycles, or pedestrians. Common reasons for vehicle accidents in California include acts of distracted driving, such as texting while driving or eating and drinking while driving, along with driving under the influence of drugs and alcohol.
• Construction accidents: In California, construction sites can prove to be particularly dangerous. Construction sites are all across the state as the population grows and infrastructure quickly develops. There are several reasons why construction accidents might take place, including failing debris, broken machinery or equipment, unseen pits, construction vehicle crashes, and crushing injuries.
• Dog bites: While many dogs in California are friendly, there are some that can act in an aggressive manner and harm innocent individuals. If a dog attacks you and that dog has an owner, the owner is legally accountable for the actions of their pet. These attacks can result in serious and even life-threatening injuries, such as infections, broken bones, and traumatic brain injury or spine injuries.
• Premises liability: In California, when you enter a property belonging to another individual or entity and you suffer an injury on that property due to a dangerous condition, you may be able to file a personal injury claim for damages.

These cases typically include slip and fall accidents, such as entering a grocery store in San Diego and slipping on spilled milk or entering an office building in Hollywood and tripping on an old carpet.

No matter the cause of your personal injury, the team at Mitchell Law Corporation is here to help. Allow us to review the details of your case, determine the cause of your injury and who the liable party may be, and ultimately work to secure the compensation and justice you deserve before the statute of limitations implemented by the state runs out.

California Statute of Limitations for Personal Injury Claims

In California, you have two years from the date of the injury to file a claim for compensation. If you miss this two-year deadline, you will most likely lose out on your chance to recover compensation. This means that you have exactly two years from the time your injury occurred to file your claim. If you fail to do so, the courts will likely go ahead and dismiss your case.

However, there are certain exceptions to this rule that it is wise to be aware of. These exceptions can include:

• Scenarios in which the victim is under the age of majority. In these situations, the statute of limitations does not start until they turn 18 years of age.
• If an injury is not discovered until a later date, the statute of limitations clock may be delayed. This is considered the rule of discovery, and the clock will start ticking when the victim has discovered or should have reasonably discovered the injury.

FAQs

Q: How Long Can a Personal Injury Case Take in California?

A: It can be difficult to offer an exact timeline as to how long it may take to process a personal injury case in the California courts. This is because there are several variables involved in these cases that can influence the overall time frame. These variables include the severity of the injury, the complexity of the case, and the cooperation level of all parties.

Q: What Injuries Are Common in California Personal Injury Claims?

A: There are several injuries that can occur that warrant a California personal injury claim. Some of the most common injuries in these situations include broken bones, amputations, road rash, severe burns, cuts, bruises, lacerations, spinal cord injuries, traumatic brain injuries, internal bleeding, damage to internal organs, soft tissue injuries, and nerve damage.

Q: What Happens If My Loved One Dies as a Result of a Personal Injury?

A: If your loved one died as a result of a personal injury, you have the right to seek wrongful death damages. These damages can cover any funeral or burial costs, along with any medical debt caused by their injuries. Thousands of people die across the state of California every year due to accidents, 439 of these taking place at work in 2023.

Q: What Damages Can I Recover in a Personal Injury Case?

A: Depending on the nature and severity of the injuries and damage you suffer in your personal injury accident, the damages available may vary. However, most people can pursue compensation for any medical bills related to the accident and injury, any lost wages or the loss of their ability to earn in the future, pain and suffering damages, and any damages to personal property.

Speak to a Trusted Personal Injury Lawyer Serving California Today

If you have suffered a personal injury in California, the legal team at Mitchell Law Corporation is here to help. Contact our offices today to learn more about our legal services and to schedule your initial consultation with our team. Let us fight for the compensation you deserve!