If you've been involved in an accident, it's essential to understand the time limit for filing a personal injury claim in California. Failing to meet the filing deadline, known as the statute of limitations, could result in you being unable to pursue compensation for your injuries.
To make sure you meet the required deadlines, consider consulting with an experienced attorney for assistance. Antaramian Law, APC offers expert legal guidance for personal injury claims and serves as a trusted partner to California residents.
If you're considering filing a personal injury claim, make sure you understand the statute of limitations in California and how you can protect your rights and maximize your chances of securing full compensation.
The statute of limitations refers to the amount of time you have to file a lawsuit after an incident. In California, most personal injury claims must be filed within two years of the date of the injury. This includes car accidents, slip-and-fall accidents, dog bites, and other incidents resulting from another party's negligence.
If an injury isn’t immediately obvious, such as in cases of internal damage or delayed symptoms, the two-year deadline may begin from the date you discovered, or reasonably should have discovered, the injury. This principle is referred to as the "discovery rule."
Missing the deadline may result in losing your right to file a claim. While a few exceptions exist to the statute of limitations, they’re highly specific and rare.
While the standard time limitation is two years, extensions may be granted in certain circumstances. The strict exceptions in California include the following:
Claims against government entities: If your claim involves a government agency (e.g., an injury due to poorly maintained roads or public transportation accidents), you must file an administrative government claim within six months of the incident. If your claim is denied, you have another six months to pursue a lawsuit.
Cases involving minors: If the injured party is a minor, the statute of limitations may be paused until they turn 18. After that, they typically have two years from their 18th birthday to file a personal injury claim.
Legal disability or incapacity: If a person is unable to manage their legal affairs, whether due to mental illness or incapacity caused by an injury, the statute of limitations may be suspended until they regain the legal capacity to file a claim.
Time is a critical factor in a personal injury claim. Therefore, it's important to act promptly after an accident. Some common reasons why you should file a claim as soon as possible include the following.
Preserving evidence: Over time, critical evidence such as witness statements, surveillance footage, and physical evidence may become unavailable or lose clarity. Acting quickly preserves key details and strengthens your case.
Financial relief: Accidents can lead to substantial medical bills, lost income, and unexpected expenses. Filing a claim promptly gives you faster access to compensation, which eases the financial burden on you and your family.
Negotiation leverage: As the statute of limitations deadline approaches, the window for meaningful settlement negotiations narrows, leaving less time to reach a resolution. Filing early gives you more leverage to seek an agreement without resorting to extended legal battles.
California’s legal system has specific guidelines for personal injury cases that can directly affect your claim. Here are some of the key laws you should be familiar with.
California operates under a "pure comparative negligence" system, which allows you to seek compensation even if you are partly responsible for the accident.
However, your compensation will be reduced by the percentage of fault attributed to you. For example, if you are 30% at fault for a car accident and awarded $10,000 in damages, you would receive $7,000 after accounting for your share of fault.
Although California typically does not limit economic damages (such as medical bills or lost wages), non-economic damages (such as pain and suffering) may be capped in some cases. For example, as of this writing, medical malpractice cases have a maximum limit of $430,000 for non-economic damages. This maximum limit for non-economic damages increases each year by $40,000 until it reaches $750,000.
California law requires drivers to maintain a minimum level of insurance coverage to address injuries resulting from motor vehicle accidents. This includes liability coverage for bodily injury and property damage, which helps cover damages and compensation resulting from an accident.
Being involved in an accident is often challenging and overwhelming, so it's wise to consult a legal professional who can help you meet important deadlines when filing a claim.
With a deep understanding of insurance company strategies and California regulations, Attorney Andrew Antaramian is committed to helping his clients build compelling cases to pursue compensation within the established time frames.
Located in Glendale, California, Antaramian Law, APC, represents accident victims across California. Reach out today to schedule a consultation.
After an accident, one of the first questions most people ask is, "What is the time limit for filing a personal injury claim?" This is a vital question because failing to meet the filing deadline - known legally as the statute of limitations - could result in losing your opportunity to pursue compensation for your injuries.
Determining fault in an accident can be complicated, especially in states like California that follow the principle of comparative negligence. If you’re pursuing compensation for injuries or damages, you must understand your rights and responsibilities within this system.
