Understanding California’s Statute Of Limitations for Personal Injury

California tort law provides a way for individuals hurt due to another’s negligence to recover monetary compensation for harm suffered.

“Whether the accident happens at work, at a grocery store, on the road, in a parking lot, or a private residence, you have a right to sue the at-fault party if negligence is involved,” says partner Megan Burns of Mirador Law, a California personal injury lawyer.

However, this right doesn’t last forever; it is limited by the statute of limitations.

Understanding the Statute of Limitations

The statute of limitations is a law that sets time limits for initiating legal proceedings against a defendant in a civil matter. In California, the statute of limitations for personal injury claims runs for two years from the date a victim suffers an accident.

For example, if an accident occurred on January 1, 2023, the victim must file a claim until December 31, 2024. After midnight on December 31, they lose their right to sue.

The statute of limitations is a defense a defendant can use in court. If they do not bring it up, the court can award damages to the plaintiff irrespective of the duration between the injuries and filing a claim.

Exemptions to the Statute of Limitations

The statute of limitations starts running from the day of the accident. However, there are situations where exceptions, also known as tolling, may apply. If the victim is a minor, the clock starts running after their 18th birthday.

The second exception is if the victim is mentally incapacitated at the time of the accident. In such situations, the clock starts running when they regain their mental capacity.

The statute of limitations also tolls if the defendant leaves the state or the victim cannot locate them. For example, if a defendant is involved in a vehicular homicide and decides to run away to avoid the consequences of their actions and shows up two years later, the statute of limitations would start running on the date they return to California.

Other Exceptions

Other exceptions include when the victim is away on military duty, imprisoned, or the injury involves a case of child sexual abuse. You should consider talking to a lawyer to understand what the statute of limitations may be in your case.

It is important to note the injuries resulting from medical malpractice have a one-year statute of limitation. So, if you are pursuing a claim against a hospital, its staff, or an adult home, you must move a little faster to secure compensation.

The Discovery Rule

If an injury is not discovered until some time after the incident that caused the injury, the statute of limitations in that situation may start running on the date of discovery. For example, if a surgeon leaves a scalpel inside a patient, it could take months or years to discover it.

In that situation, the statute of limitations would start running on the day the patient becomes aware of a scalpel inside them, regardless of the time between when the scalpel was discovered and when it was actually left behind.

Final Words

In most cases, the statute of limitations may not affect a personal injury claim much since most lawyers will be careful to file a lawsuit on time. If, for any reason, your right to sue may be compromised based on the California statute of limitations, a lawyer can help look into your options.