Suffering a sudden injury sends your life spinning in a new undesirable direction, with unfortunate repercussions on all aspects of living, including financial strife, painful medical procedures, and lengthy recovery times. In the worst cases, a serious injury could result in long-term consequences or permanent disability.
The paperwork process, investigations, and negotiations associated with a personal injury claim in California’s fault-based insurance state quickly become overwhelming. The timeline of a personal injury claim is a key aspect to consider throughout the process.
What Is the Statute of Limitations for Personal Injury Claims In California?
Like all states, California imposes a limit on the amount of time an injury victim can file a claim for their damages like medical expenses, lost wages, and compensation for pain and suffering. In California, the statute of limitations for personal injury claims is two years. Under this time limit, a court will only hear a case if it’s brought to court before the two-year time limit expires. For this reason, insurance companies won’t consider a claim filed beyond two years from the date the injury occurred, except under specific circumstances.
California’s statute of limitations ensures that evidence remains available and eyewitness testimony is reliable should a personal injury lawsuit require litigation in court. It also protects defendants from living under the long-term threat of lawsuits.
Does California Ever Extend the Time Limit for Filing a Personal Injury Case?
There are limited reasons that California courts extend—or toll—the statute of limitations. The two-year time clock may begin ticking at a later date under the following circumstances:
- When a minor suffers an injury, they have up to two years from their 18th birthday to file a claim
- If an injury victim doesn’t discover an injury until some time after the accident date, the statute of limitations begins on the date of discovery—for instance, learning that persistent back pain results from an earlier car accident
- When an injury causes unconsciousness, coma, or incapacity, the statute of limitations begins once the injury victim recovers cognitive ability
- If the at-fault party leaves the state or isn’t identified, the state may toll the statute of limitations until they’re identified or apprehended
Knowing when to file a personal injury claim is a delicate balance. Filing too early or accepting an early settlement offer may mean you obtain less than the full value of your damages because the extent of the damages isn’t clear. However, filing a claim too late may make it challenging to investigate, document evidence, and negotiate a settlement and still have time to litigate the matter in court if it becomes necessary. A Van Nuys injury lawyer can help you ensure that you are filing your personal injury claim in a timely matter.
You May Have Less Time for Some Personal Injury Claims In California
The time limit for filing a personal injury claim may be different under certain conditions or depending on the identity of the at-fault party (plaintiff) in the case. For instance, California only allows injury victims to file medical malpractice claims one year after discovering the injury, or when the injury should reasonably have been discovered, but no more than three years after the date the malpractice occurred.
When a government agency is responsible for a personal injury, the injury victim has six months to file an administrative claim. Then, the government entity has 45 days to respond to the notice. If the government denies the claim, the injury victim may file a lawsuit within six months of receiving the denial.
It’s essential to understand how the statute of limitations in California impacts your personal injury claim based on the unique circumstances of your case.
For more information about what the statute of limitations is in California and every other U.S. state, check out our guide on the Personal Injury Statute of Limitations by State.
