What is the Statute of Limitations for Personal Injury Cases in California?

When you’re involved in a car accident or any kind of negligence lawsuit, there is a statute of limitations that forces you to file suit within a certain window. In California, you have two years from the date of the accident to file suit against a negligent defendant. If you wait too long, your right to file a personal injury lawsuit will expire. For that reason, it’s critically important to know what the statute of limitations is, how much time you have, and involve an attorney early in the process. In this article, the Oakland, CA personal injury lawyers at Venardi Zurada will discuss the statute of limitations and how it works in California.

What is the statute of limitations? 

The statute of limitations for personal injury lawsuits is two years from the date of the accident or injury in California. While there are some exceptions to this rule (which are explained below), two years is the default for most cases. After that period passes, your legal right to file suit against another party expires. The good news is that two years is plenty of time to file suit. It’s essential to contact a personal injury attorney early in the process to secure your rights. The sooner your personal injury attorney can gather evidence and present your case, the sooner your lawsuit can be filed in California.

Can I still sue after the statute of limitations expires? 

You can still technically file a lawsuit against a negligent defendant after the statute of limitations passes. However, the first thing the defendant will do is move to dismiss the case against them. The court will likely grant their motion to dismiss the case because the statute of limitations has elapsed. Short of some legal exceptions allowed under the law, a case filed after the statute of limitations has elapsed is doomed to fail. The law applies to settlements as well. The law essentially prevents you from seeking damages after two years have elapsed from the date of your injury.

What are the exceptions to the statute of limitations? 

The State of California recognizes that specific circumstances can prevent you from making your legal claim within the required time frame. Some situations can alter the window and reset the clock. In other words, the statute of limitations can be tolled in certain cases. The clock would start ticking down later than the date of the injury.

The most common scenario involving the tolling of the statute of limitations involves delayed discovery. This is common in medical malpractice cases. If a plaintiff doesn’t realize that they’re injured until well after the date the injury was sustained, the statute of limitations can be tolled to the date that they discovered the injury.

The statute of limitations can also be tolled in cases where the would-be defendant leaves the state before you file your lawsuit. The statute of limitations essentially stops ticking down while the other party is outside of California. A defendant who leaves the state could potentially face more legal problems once they return.

Talk to an Oakland, CA Personal Injury Lawyer Today 

Venardi Zurada represents the interests of Oakland, California residents in personal injury claims against negligent defendants. We serve the Bay Area from our office locations in Oakland and Walnut Creek. Call our Oakland personal injury lawyers today to schedule a consultation and learn more about how we can help.