What is the Statute of Limitations in California Personal Injury?

What is the Statute of Limitations in California Personal Injury?
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According to California law, a personal injury victim has 2 years from the date of their injury to file a personal injury lawsuit. This two-year limitation period is strict, and if you fail to initiate legal proceedings within this time frame, your claim may be permanently dismissed.

If the injury was caused by a government entity, the statute of limitations is drastically different. California Civil Code section 335.1 dictates that a victim must file a claim within 6 months of the date of injury to give the government time to properly investigate and address the situation.

Personal injury accidents resulting in death, however, may have a longer statute of limitations. California wrongful death cases are considered criminal charges, and the time to file a personal injury and criminal lawsuit may vary from case to case.

For example, a wrongful death case against a public entity must typically be filed within six months of the date of death. It is essential to be aware of this variation and seek legal counsel immediately if you believe you have been wrongfully injured or lost a loved one due to another’s negligence.

Time Limit Exception: Discovery of Harm Rule

There is an exception to the two-year rule known as the “discovery of harm” rule. This exception applies when a personal injury victim is unaware of their injury immediately after the incident.

Sometimes, injuries aren’t immediately apparent, and it may take time for victims to realize the full extent of their harm. In such cases, the statute of limitations begins from the date the victim discovers the injury.

Statute of Limitations in California for Government Cases

The statute of limitations for government cases may also be affected by the “discovery of harm” rule. Generally, if the injury was caused by a governmental agency or employee, you may have up to one year from the date of discovery in which a lawsuit must be filed. However, in some states the statute of limitations may have an extended deadline depending on the type of case and circumstances surrounding it.

It is important to speak with a personal injury attorney as soon as possible after discovering your injury to determine how much time you have to pursue legal action and protect your rights. An experienced attorney can review the facts of your case and advise you on the best course of action.

If you have questions about your personal injury case or need legal assistance, reach out to RTM Law.

Don't risk violating the statute of limitations – call us now and secure your future.

RTM Law Firm. Your Trusted Injury Advocate..

We are your Personal Injury Advocates! Our principal attorney, Ramin T. Montakab, with his former experience as counsel for insurance companies, is adept at navigating the complexities these cases often entail. Our firm is steadfast in its commitment to ensuring that you receive the necessary treatment and compensation in your personal injury case.

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00:00 Introduction
00:16 What is the Statute of Limitations in California Personal Injury
00:46 For Government Claims
01:06 Wrongful Death Cases
01:30 The Discovery of Harm Rule
01:49 For Government Related Injuries
02:15 Conclusion