If you’ve been injured due to another party’s negligence and are looking to file a claim, acting within California’s statute of limitations is crucial. The majority of personal injury claims in California - from dog bites, car accidents, to slip-and-falls - typically have a time limit of two years from the date the injury occurred for filing. 

Generally, if you do not file a claim within two years, you lose the ability to seek compensation. Read on to learn more about the statute of limitations in California personal injury law and some specific exceptions.

California Civil Code On Personal Injury Statute of Limitations

Most laypeople are probably not familiar with civil law - that’s our job as personal injury lawyers. However, accidents happen to everyone, so it’s useful to have a basic understanding of timelines regarding personal injury claims. The personal injury statute of limitation is outlined in California Civil Code 335.1, which states that the injured party must seek a lawsuit or seek compensation for their injuries “within two years: an action for assault, battery, injury to, or for the death of, an individual caused by the wrongful act of another.” 

What If I Miss The Deadline?

If you try to file a lawsuit or claim past the two year deadline, your case is almost certainly going to get dismissed in court. Time goes fast - especially when you’re busy trying to pick up the pieces after an accident. Working with an experienced California personal injury lawyer immediately after your accident or injury will help you avoid missing important deadlines. Even if your injuries are severe and clearly due to another party’s negligence, you can lose the right to seek damages if you wait too long. 

Two years may sound like a long time, but remember- this two year deadline isn’t just for filing the case. You and your attorney only have two years from the date of injury to settle your claim with the insurance company. The clock starts ticking from the date of the injury, so the sooner you call an attorney so they can help you filing your claim, the longer you have to settle the claim. Moreover, if the insurance company sees that you waited too long to file a claim, it gives them leverage to low-ball your settlement because they know you have less time to negotiate

. 

What Are The Exceptions To The California Statute of Limitations?

There are a few specific exceptions to the standard two-year statute of limitations, including:

• “Delayed discovery” - If the injured persons were not aware someone else’s negligence caused their injuries, the clock on their statute of limitations starts on the day they discover their injuries were due to the negligence of someone else.
• If the person injured was under 18 years of age or unable to make legal decisions independently at the time of the accident (hospitalized, incapacitated, etc.)
• If the claim is against a municipal or government agency, there are specific procedures and you only have six months to file a claim. 

Contact Us Today

If you or somebody you love was injured due to another’s negligence, you should consult with an experienced California personal injury lawyer as soon as possible. Call the Law Office of Ball & Yorke to speak with a California personal injury lawyer today.