California Statute of Limitations
The personal injury statute of limitations is a legal time limit within which an injured party must file a claim for compensation for their injuries. This time limit is in place to ensure that personal injury claims are filed in a timely manner and to protect defendants from the burden of defending against stale claims. (California Code of Civil Procedure § 335.1)
In California, the statute of limitations for personal injury cases is generally two years from the date of the injury. (California Code of Civil Procedure § 335.1) This means that a personal injury claim must generally be filed within two years of the date of the injury in order to be considered by the court. (California Code of Civil Procedure § 335.1)
It is important to be aware of the personal injury statute of limitations in California and to file a claim within the appropriate time frame in order to preserve your right to seek compensation for your injuries. (California Code of Civil Procedure § 335.1) In this article, we will explore the personal injury statute of limitations in California, including any exceptions to the general rule and the consequences of failing to file a claim within the appropriate time frame. (California Code of Civil Procedure § 335.1) We will also provide tips for ensuring that your personal injury claim is filed in a timely manner.
California’s Personal Injury Statute of Limitations
In California, the statute of limitations for personal injury cases is generally two years from the date of the injury. (California Code of Civil Procedure § 335.1) This means that a personal injury claim must generally be filed within two years of the date of the injury in order to be considered by the court. (California Code of Civil Procedure § 335.1)
There are some exceptions to this general rule, including cases involving injuries to minors or injuries resulting from latent diseases. (California Code of Civil Procedure § 340.1)
In cases involving injuries to minors, the statute of limitations may be extended until the minor turns 18, with a maximum extension of three years. (California Code of Civil Procedure § 352) This means that a personal injury claim involving an injury to a minor must generally be filed within three years of the date of the injury or within three years of the minor’s 18th birthday, whichever is later. (California Code of Civil Procedure § 352)
In cases involving latent diseases, the statute of limitations may be extended until the injury is discovered or reasonably should have been discovered. (California Code of Civil Procedure § 340.5) This means that a personal injury claim involving a latent disease may be filed at any time before the injury is discovered or reasonably should have been discovered, up to a maximum of three years from the date of the injury. (California Code of Civil Procedure § 340.5)
It is important to be aware of these exceptions to the general statute of limitations in California and to file a claim within the appropriate time frame in order to preserve your right to seek compensation for your injuries. (California Code of Civil Procedure § 340.1, § 352, § 340.5)
Consequences of Failing to File a Claim Within the Statute of Limitations
If a personal injury claim is not filed within the appropriate time frame, it may be barred by the statute of limitations and the injured party may be unable to seek compensation for their injuries. (California Code of Civil Procedure § 335.1) This means that if you fail to file your personal injury claim within the time limits set forth in California’s personal injury statute of limitations, you may be unable to seek compensation for your injuries, regardless of the merits of your case. (California Code of Civil Procedure § 335.1)
It is important to be aware of the personal injury statute of limitations in California and to file a claim within the appropriate time frame in order to preserve your right to seek compensation for your injuries. (California Code of Civil Procedure § 335.1) This is especially important given the potential consequences of failing to file a claim within the appropriate time frame, which can include the inability to seek compensation for your injuries and the potential loss of your legal rights. (California Code of Civil Procedure § 335.1)
It is also worth noting that even if you are able to file a personal injury claim after the statute of limitations has expired, it may be more difficult to successfully pursue your claim due to the passage of time. (California Code of Civil Procedure § 335.1) This is because it may be more difficult to gather and present evidence, locate witnesses, and establish the damages incurred as a result of the injury after a significant amount of time has passed. (California Code of Civil Procedure § 335.1) For these reasons, it is important to act promptly and file a personal injury claim within the appropriate time frame in order to preserve your legal rights and increase your chances of a successful outcome. (California Code of Civil Procedure § 335.1)
Be Mindful of Statutes of Limitations
The personal injury statute of limitations is a legal time limit within which an injured party must file a claim for compensation for their injuries. In California, the statute of limitations for personal injury cases is generally two years from the date of the injury. (California Code of Civil Procedure § 335.1) However, there are some exceptions to this general rule, including cases involving injuries to minors and injuries resulting from latent diseases. (California Code of Civil Procedure § 340.1, § 352, § 340.5)
If a personal injury claim is not filed within the appropriate time frame, it may be barred by the statute of limitations and the injured party may be unable to seek compensation for their injuries. (California Code of Civil Procedure § 335.1) It is important to be aware of the personal injury statute of limitations in California and to file a claim within the appropriate time frame in order to preserve your right to seek compensation for your injuries. (California Code of Civil Procedure § 335.1)
There are a number of steps you can take to ensure that your personal injury claim is filed within the appropriate time frame in California, including seeking medical attention as soon as possible, keeping records, and speaking with a qualified personal injury attorney. (California Code of Civil Procedure § 335.1) By following these tips and seeking the guidance of a qualified personal injury attorney, you can increase your chances of successfully filing a personal injury claim within the appropriate time frame in California. (California Code of Civil Procedure § 335.1)