What is the Statute of Limitations for Personal Injury Cases in California?
Plaintiffs may encounter many new phrases as they file personal injury lawsuits for the first time, and one of the most common sources of confusion is the phrase “statute of limitations.” Although this phrase might seem like complex “legalese,” it is actually quite straightforward. It also has the potential to drastically affect your personal injury lawsuit in California, making it one of the most important concepts to understand. What exactly is the statute of limitations for personal injury cases in California – and why does it matter?
What is the Statute of Limitations?
The statute of limitations is essentially a legal time limit. If this time limit expires, you cannot take legal action. There are statutes of limitations for virtually any legal action imaginable. These include not only civil cases like personal injury and breach of contract but also criminal cases.
Why do statutes of limitations even exist? Generally speaking, evidence is more accurate and effective when cases proceed quickly. If there is too much time between an alleged offense and a subsequent court case, this evidence may become lost or unreliable. Key witnesses may move out of the state, forget what happened, or die. Not only does this ensure more effective legal proceedings, but it also protects defendants against unfair situations. What happens if a witness misremembers the details of an alleged car accident and accidentally accuses the wrong driver?
The statute of limitations is important because if this time limit expires, you lose the right to pursue compensation. As a result, you may encounter medical expenses, missed wages, emotional distress, and and other uncompensated damages throughout the rest of your life. If you do not act relatively quickly, you could experience serious financial burdens after your accident.
The Statute of Limitations for Most Personal Injury Cases in California is Two Years
Most personal injury cases have two-year statutes of limitations. In other words, you have two years to file your personal injury lawsuit after the accident occurs. This applies to many situations, including:
- Slip and fall lawsuits
- Auto accident lawsuits
- Negligent security lawsuits
- Product liability lawsuits
- Dog bite lawsuits
- Wrongful death lawsuits
- Boating accident lawsuits
- Fire injury lawsuits
Although two years might seem like a lot of time, the months can fly past surprisingly quickly after an injury. You might become preoccupied with the treatment of your injuries and lose track of time. You might also struggle with psychological issues, making it difficult to take that first crucial step toward legal action. Even though it might seem tempting to procrastinate, it makes sense to call a personal injury lawyer as soon as possible after your accident.
Remember, the statute of limitations exists to ensure the reliability of evidence. The longer you wait, the less reliable your evidence might become. A key eyewitness could move away from the state or change their cellphone number. This might be the only person who saw your crash, and you may struggle to pursue compensation without their testimony. The same goes for digital evidence, which can easily vanish from the internet. Even if you file a lawsuit before the statute of limitations expires, you could still experience negative consequences if you wait too long.
The Statute of Limitations for Medical Malpractice is One Year
Not all personal injury cases share the same statute of limitations. A notable exception is medical malpractice, which has a one-year statute of limitations. With half the time to file your claim, it is even more important to act quickly if you have suffered injuries due to negligent healthcare providers. Consulting a personal injury lawyer can help you navigate the legal complexities and ensure you file your claim within the required timeframe. Examples of medical malpractice lawsuits include birth injuries, botched surgeries, misdiagnosis, and many others. Additionally, for those in the Inland Empire area, a personal injury law firm in Redlands can provide specialized local assistance and representation tailored to your needs.
There is a Six-Month Time Limit When Suing Government Agencies
If you were injured by some kind of government organization, you also have the right to sue. However, these claims are associated with even shorter time limits. You may only have six months to file your claim after the accident occurs. For example, you might have been struck by a fire truck while walking across a crosswalk. Perhaps you were shot in the shoulder by police in a case of mistaken identity. Whatever the case may be, it may be crucial to act quickly alongside your personal injury attorney.
Statutes of Limitations Can Be Confusing
While these rules and time limits may seem simple, there are many situations that may lead to confusion. First, the time limit for your specific accident may not be clear. For example, you might have been injured in a slip and fall. But what if you slipped and fell on government property? Perhaps you were injured by a defective medical implant. Is this a medical malpractice claim or a product liability lawsuit? Depending on the answers to these questions, you may face drastically different statutes of limitations. This is why it makes sense to discuss your unique situation alongside a personal injury lawsuit before assuming that certain time limits apply.
Another key point is the fact that this time limit only begins when you become aware of your injury. You might not receive an official diagnosis until decades after the accident. You might also fall into a coma for many years after the accident. In both of these situations, it may be possible to sue even if more than two years have passed since your accident.
Contact Milligan, Beswick, Levine & Knox, LLP to Learn More
The statute of limitations is an important concept, as it can determine whether or not a lawsuit is even possible. That being said, you should not dismiss your chances of taking legal action just because the statute of limitations has expired. There may still be a pathway to compensation for your injuries, and you can discuss this possibility further alongside experienced personal injury attorneys in Redlands. To learn more about your legal options, contact the personal injury law firm Milligan, Beswick, Levine & Knox, LLP by calling 909-894-0812.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.