California Personal Injury Statute of Limitations & Laws (2024)

A personal injury claim is a civil suit in which an injured party seeks compensation for their damages from the party responsible for inflicting those damages. If you intend to file such a claim, it is vital to understand the California personal injury statute of limitations and the other state laws that apply to your case. The statute of limitations is just one issue you must address in order to succeed with the case.

Personal Injury Statute of Limitations

The statute of limitations is the time limit in which you must file your personal injury case; otherwise, you lose your chance to claim compensation from the defendant who injured you regardless of the merits of your case. The statute of limitations for most personal injury cases is two years, and this time limit starts on the date a personal injury occurred. However, some factors can alter the statute of limitations in certain cases.

For example, it is possible that you suffered harm due to another party’s actions that were not immediately apparent. They may have inflicted some type of injury through negligence or misconduct that did not cause immediately noticeable symptoms, or you may have incurred damages that you later discovered were the fault of another party. In such cases, the discovery rule applies, and the statute of limitations starts on the date harm was discovered.

Building Your Personal Injury Case

The ultimate goal of any personal injury case is for the injured plaintiff to prove how their injury happened and to hold the at-fault party accountable for the resulting damages they incurred. Success with a personal injury case will require accurate identification of the defendant or defendants responsible for causing your damages and proof of the full extent of those damages.

Due to the statute of limitations, it is important to secure legal counsel right away after suffering any personal injury. Even if two years seems like plenty of time, the reality is that this window can close faster than you expect, and it may take a while to secure all of the evidence and documentation you must present to the court when you file your complaint. Seek legal counsel immediately after any injury so they can start building your case right away.

In addition to helping you prove liability for your personal injury, your attorney can also help you accurately assess the entire extent of the damages you are legally eligible to seek from the defendant. For example, you may not only be able to claim compensation for medical expenses and lost income but also the cost of any future rehabilitative care you need to reach maximum recovery as well as the future income you are no longer able to earn.

Ultimately, the state’s personal injury statute of limitations is just one of the legal hurdles you must overcome if you are to succeed with any type of civil claim for damages. The Law Offices of Carl D. Barnes can provide comprehensive support and guidance for many types of personal injury cases, so if you believe you have grounds for such a case, it’s vital to connect with our team as quickly as possible.

FAQs

What Happens if I Discover My Personal Injury After It Happened?

It is possible that you discovered your personal injury after it actually happened. In this situation, the discovery rule may apply, and the statute of limitations for your personal injury suit would begin on the date you discovered the harm that had been done to you or on the date when you reasonably should have discovered the harm done. As soon as you think you have grounds for a claim, you should speak with a personal injury lawyer.

What Damages Can I Claim in a Personal Injury Case?

The damages you can claim in a personal injury case include any economic losses you suffered because of the defendant’s actions and compensation for your pain and suffering. Economic damages in personal injury cases typically include medical expenses, property losses, and lost income. When it comes to pain and suffering compensation, a plaintiff can seek whatever amount they believe is reasonable to reflect the severity of the harm they suffered.

When Should I Hire a Personal Injury Lawyer?

You should hire a personal injury lawyer as quickly as possible once you have determined that you have been injured by another party’s actions. You not only need to meet the statute of limitations for filing your case but also gather evidence and witness testimony to support your position and prove the full extent of the losses you suffered. The sooner you hire legal counsel, the more time they have to prepare your civil suit.

Does the State Have Any Laws That Limit Personal Injury Damages?

It does enforce some laws that limit personal injury damages, but only for certain types of cases. In most personal injury cases, plaintiffs can claim full repayment of all economic losses and as much pain and suffering compensation as they believe to be reasonable. However, there are limits on non-economic damages in medical malpractice cases. Your attorney can explain whether any such limits apply to your case.

What Happens if I Miss the Statute of Limitations?

If you miss the statute of limitations and do not file your claim with the court within this time limit, you will be unable to bring legal action against the party who caused your personal injury. While you may still submit the complaint to the court, the defendant will likely file a motion to dismiss due to the expired statute of limitations, which the judge is very likely to grant. It is essential to meet the statute of limitations that applies to your case.

The Law Offices of Carl D. Barnes can help you succeed with your personal injury claim in the state. From meeting the statute of limitations and gathering the foundational evidence you need to prove fault to showing the full extent of your claimable damages and helping you maximize your case award, we can assist with every facet of your case. Contact us today and schedule a free consultation to learn more about our legal services in the state.