Personal Injury Statute Of Limitations California 2024

Personal injuries can be categorized into the following: car accidents, motorcycle accidents, truck accidents, drunk and driving accidents, train accidents, pedestrian accidents, slip and fall accidents, dog bites, wrongful death, medical malpractice, and workplace injuries.

Millions of people are affected by them in the USA every year, some stats for personal injuries across the USA are defined below:

Almost 6.7 million motor vehicle crashes were reported in the USA in 2019, which resulted in more than 2.7 million injuries.
According to the CDC, slip and falls and dog bites affect almost 1 million people in the USA every year.
Medical Malware significantly contributes to personal injury cases, as per the BMJ report almost 250000 deaths are reported due to substandard medical care.
As per BLS, 2.8 million injuries occurred at workplaces in the USA.

If you or your family or friend is personally injured, physical and financial recovery is important in these testing times. With the help of our professional lawyers at Amicus Legal Group, you can understand your options and get the compensation you deserve.

Understanding the rules regarding personal injury and knowing when to file one is important. Regulations and procedures differ by state, so it’s helpful to know the ones that apply in California as per the revised policy in 2024.

Statute of Limitations for Personal Injury Lawsuit in California

In the United States, laws for different kinds of damages slightly differ depending on the state they are claimed. To claim these lawsuits, there is always a timeframe within which it should be filed. This time limit is called the Statute of Limitations and it plays a vital role in the legal process.

In California, the time limit for claims to be filed for personal injury differs in different scenarios. The main purpose of this time limitation is to promote fair compensation for the damage done. If a case is filed promptly then the evidence can be cross-checked and the right settlement offered.

Note: In California, the statute of limitations for personal injury cases is outlined in the California Code of Civil Procedure section 335.1.

Understanding California’s Statute of Limitations for Personal Injury:

As of 2024, the general rule is that a person has two years from the date of the injury to file a personal injury lawsuit. However, there are certain exceptions and nuances to be aware of:

Discovery Rule

At times, the injury is immediately available but in some cases, it is not the case. So, the California discovery rule allows that the statute of limitations will begin when the injury is discovered. This usually appears in medical malpractice or exposure to toxic substances.

Minors

In California, a minor cannot file for a lawsuit until he or she is above 18. In this case, it is not important when the injury occurred, the statute of limitation is tolled until the minors can file for an injury lawsuit themselves.

Government Claims

Lawsuits filed against government entities have different timelines. For example, if the lawsuit is filed against a city, country, or state agency then it is advised that these claims are filed as soon as possible because they have shorter deadlines and the proceedings should be made within months from the date of injury.

Note: The most important thing to know is that cases involving medical malpractice, deformation, disability, or wrongful death have different timelines within which the lawsuit should be filed.

Consequences of Missing the Deadline

Deadlines are important in case of filing for a personal injury lawsuit because If you miss the deadline and the statute of limitations expires, it can have serious consequences. As per the legal system, the court can dismiss the case if not filed on time resulting in financial loss.

However, in some cases like a late diagnosis of an injury, the statute of limitation date is considered to be when the injury is diagnosed hence the strict two-year timeline is increased.

Exceptions for Suing After the Statute of Limitations Passes

However, after the deadline has passed, it is not advisable and possible to file a claim for personal injury. However, in certain cases, there are exceptions where this request can be entertained.

Equitable Tolling: This can only happen when the clock on the time limit is paused due to uncontrollable circumstances like a case involving a minor, mental incapacitation of the injured, or a fraudulent concealment by the defendant.

Discovery Rule: Sometimes the injury is not immediately evident. Hence, the California discovery rule allows that the statute of limitations will begin when the injury is discovered. This usually appears in medical malpractice or exposure to toxic substances.
Government Claims: The lawsuits that are to be filed against a government entity usually have shorter deadlines and the proceedings are to be made within months from the date of injury. However, there are exceptions and alternative avenues that help in filing the claim, even if the statute of limitations has passed.

Settlement for Personal Injuries Lawsuit in California

The compensation amount you claim depends on several facts that are listed below:

Severity: It is the most important factor when going for settlement. Severe injuries require medical attention and can result in long-term disability, requiring ongoing treatment.
Medical Expenses: As mentioned above, if the injuries have resulted in a long-term disability and require ongoing treatment, plus other expenses like doctor appointments, hospital bills, and surgeries are compensated
Lost Income: In case of severe injury or a disability, which results in bed rest, then the lost wages of the injured are also compensated.
Liability: If the other party is completely at fault then the compensation is different but if the liability falls on both parties and the injured shares the responsibility of the accident, the compensation will be lower.
Insurance Coverage: Last but not least, the insurance amount of the party at fault matters in the settlement. A higher amount results in higher compensation and vice versa.

To summarize, there is no defined amount that the injured would receive in case of personal injury, rather it varies depending upon the damage that is caused. The settlement amount is directly proportional to the damage done.

Your lawyer can work with you to come up with a number that’s fair compensation.

Hire the Best Personal Injury Lawyer

If you want to get a fair settlement or compensation for the damages you’ve suffered in a personal injury or accident, you’ll need the help of an expert.

At Amicus Legal Group, you can find the best personal injury lawyers in Rancho Cucamonga, California.

Our expert attorneys have handled many personal injury settlements and lawsuits. We provide free initial consultations and advice, so contact us!

FAQs

What happens if I miss the deadline to file a personal injury lawsuit in California?

There are serious consequences for missing deadlines when filing.

However, in some cases like a late diagnosis of an injury, the statute of limitation date is considered to be when the injury is diagnosed hence the strict two-year timeline is increased.

Are there different statutes of limitations for different types of personal injury cases in California?

Yes. The statute of limitations is different for different types of cases. For General Personal Injuries, like motor vehicle collisions, slips and falls, and dog bites, the statute of limitation is two years.

However, for Medical Malpractice, the lawsuit must be filed within one year of discovery of the injury or three years of the occurrence of injury, whichever occurs first. But for Government Claims, the timelines are shorter and the lawsuit must be filed within months of the injury.

How much to expect from a personal injury settlement in California?

The settlement in a personal injury case in California depends on the severity, medical expenses, lost income, pain and suffering, liability., insurance coverage, and legal representation.

The most important thing to know is that there is no fixed amount of any type of personal injury defined in the state of California.

Do medical malpractice claims fall under personal injury?

Yes, medical malpractice can be claimed under personal injury. It is substandard medical treatment provided by a healthcare system that results in a disability, intolerance, or wrongful death. These claims can range from negligence or misconduct of the medical staff, wrong or delayed diagnosis, surgical or medication errors, or birth injuries.

Can I sue a government entity for personal injury?

Yes, city, state, or country government entities can be sued for personal injuries. There are a few things to know when suing a government entity. You need a written notice before filing the claim.

The timelines are shorter so you should rush to file the claim. There are different requirements for federal and state claims, so be well aware of those. Hire the best of the best due to the complex procedures against government entities.