Personal injuries of any kind can cause damage that lasts far beyond the initial physical injuries. Like all states, California has its own time frame for filing personal injury cases. The California personal injury statute of limitations is a strict deadline with very few exceptions. If you are involved in an accident that results in an injury, you should take immediate action for case success.
What Is a Personal Injury?
A personal injury is any injury done to a person’s mind, body, or emotions due to another person’s negligent or malicious behavior. The injury can be caused intentionally or accidentally. A personal injury can result in legal proceedings depending on the situation. Personal injuries can happen at home, on the job, or while traveling, for instance, if there is a car accident.
Examples of Personal Injury Cases
A personal injury can occur in a number of ways and be caused by almost anything. Even everyday activities can result in a personal injury.
- Work-related personal injury: a personal injury can occur because of malfunctioning equipment at work or due to another worker’s intentional actions. The injured person may sue a third party or their coworker for negligence.
- At home: defective or malfunctioning appliances, food, or other items can result in a personal injury case if someone is harmed.
- While traveling: automobile accidents make up a significant number of personal injury cases. If a person is driving recklessly and hits you, causing serious injuries, you may have a personal injury case.
Personal Injury Laws in California
Under California’s personal injury laws, people who sustain injuries caused by another person’s negligence or intentional actions may be able to seek compensation. The key is proving that the negligence directly caused the injury, which can be difficult to do without a lawyer.
If you are filing a personal injury claim, you may be able to sue multiple people who are directly related to your case. For instance, if you are assaulted at a bar and sustain a serious injury, you may be able to hold the person who assaulted you accountable, as well as the owner of the establishment. If you are in a serious car accident and sustain injuries, you may be able to sue the driver of the car and the owner of the car if it isn’t the driver.
Personal Injury Statute of Limitations in California
If you are filing a claim for a personal injury, you only have a limited amount of time to do so. The statute of limitations for a personal injury in California is two years from the date that the injury occurred. If you wait longer than this, the defendant may have grounds to have the case dismissed.
The statute of limitations for suing a government agency is shorter. If you plan on filing a claim against a government agency for a personal injury you sustained, you only have six months from the date of the injury. You then only have six months to sue if they deny your claim. It is important to meet these deadlines to ensure your case has a chance at a successful outcome.
In addition to meeting these deadlines, you must have evidence that proves your injury was caused by the negligent party. Examples of quality evidence include photos, documentation, eyewitness accounts, or expert testimony, such as from medical professionals.
When Should I Hire a Lawyer?
Because the statute of limitations for a personal injury case is only two years, you should hire your lawyer immediately to get the case started. You will need clear and convincing evidence to make your case, and your lawyer can help you collect this evidence. Your lawyer can also inform you of your rights, build your case, and represent you in court. If you are injured because of someone else’s negligence, you deserve to be compensated.
FAQs
Q: How Long Do You Have to File a Personal Injury Claim in California?
A: In California, you have two years to file a personal injury claim, starting from the date that the injury occurred. The time frame is shorter if you are filing a claim against a government agency that may or may not accept your claim. Your lawyer can inform you more about the statute of limitations in California as well as how to effectively file a claim.
Q: What Is the 3-Year Statute of Limitations for Personal Injury in California?
A: In California, the three-year statute of limitations refers to medical malpractice cases. Medical malpractice is a form of personal injury. Generally, an individual who sustains an injury due to a healthcare provider’s negligence has three years to take legal action after the injury occurs. It is vital to work with legal counsel who is familiar with medical malpractice cases, as they can be more challenging than other personal injury cases.
Q: What Are the Exceptions to the Personal Injury Statute of Limitations in California?
A: There are a few exceptions to the personal injury statute of limitations, such as if the injury was not immediately apparent. Under the discovery rule for personal injuries, the statute of limitations begins when the injury is discovered or reasonably should have been discovered. Other exceptions include if the victim was under the age of 18 when the injury occurred or if the responsible party leaves the state.
Q: What Is an Example of a Personal Injury?
A: A personal injury can be physical, emotional, financial, or psychological and results from another person’s negligent behavior. This behavior can be intentional or unintentional. Examples of personal injuries include a traumatic brain injury after a slip-and-fall accident in a public place or sustaining broken bones due to a car accident caused by another driver.
Contact a California Personal Injury Lawyer Today
At McLachlan Law, APC, we take personal injury cases seriously, as they can be physically, mentally, emotionally, and financially devastating. If you suffered a personal injury, it is important to understand the legal ramifications of these injuries and California’s statute of limitations. At our firm, we are happy to assist you with any legal questions you may have and represent you in your personal injury case. Contact us today for a consultation.