California personal injury statute of limitations & laws are in place to provide the victims of personal injury accidents adequate time to assess the damages and file their claim while also ensuring that they do so in a reasonably timely manner so that they do not try to take advantage of the protections set in place for them.
If you have experienced an injury due to the fault of another party, then it is essential that you file your personal injury claim within the California statute of limitations in order to ensure that you are eligible to receive the necessary compensation you require for the damages sustained from an accident as you head down the long road of recovery.
What Is the Statute of Limitations in California for Personal Injury Claims?
For personal injury claims, the statute of limitations is typically two years from the date on which the injury occurred unless the injuries or damages sustained from the incident were not discovered immediately; then, the statute of limitations will begin from the date that the damages were officially discovered.
Ultimately, this means that you are not able to sue the responsible party after that two-year period after the injury has expired. Doing so will likely make your claim invalid and will not be accepted by the courts.
However, there are a few exceptions to the two-year statute of limitations for personal injury claims. If the plaintiff is under the age of 18 years old, if they die within six months of the end of the two-year statute, or if they are declared to be mentally incompetent, then they may still be able to sue beyond the typical statute of limitations. Also, if the plaintiff is in prison, then the statute of limitations would extend until the time of their release.
How Long Does a Personal Injury Case Take in California?
From the time a personal injury claim is officially filed, the average time that it takes to reach an agreed-upon settlement is generally anywhere between three and twelve months in California. Of course, the complexity and overall severity of the case can vary greatly, which can cause the time to settle a claim to take well over a year in some cases. Other claims can reach an agreement relatively quickly for milder damages that do not require going to trial.
Here are some of the primary elements that factor in determining how long a California personal injury case may take:
- Severity of the Injury: In most cases, the greater the severity of the injuries sustained by the plaintiff, the longer it can take to accurately evaluate the damages and reach an agreeable settlement.
- Complexity of the Case: In cases where the cause of the accident or the extent of the damages are more complex, discrepancies by either party and procedural delays may be used as tactics to negotiate or gather more supporting evidence, thus extending the length of the case.
- Insurance Company’s Willingness to Cooperate: The insurance company is going to exhaust every effort to minimize its financial responsibility. In many cases, they will dispute causation or the full extent of the damages caused by the incident in order to reach a reduced settlement amount. Claim disputes, discrepancies with certain pieces of evidence, and procedural delays can all add substantial time to any case.
- Whether or Not The Case Goes to Trial: Bringing a case to trial will automatically increase the length of time it requires to reach an agreeable settlement. It’s typically preferred by the plaintiff to settle a claim without needing to go to trial; however, the defendant’s disputes or objections to any aspects of the claim or the insurance company providing a low-ball initial offer will often require the case to proceed to trial in order to reach a fair settlement.
All of the elements listed above make it even more crucial to the success of your case to consult with a reputable personal injury attorney in order to ensure that your rights are continuously upheld throughout the claim process and that you receive a fair settlement amount to compensate you for the damages sustained from your accident.
A personal injury attorney with direct trial experience handling your type of injury case will, ultimately, give you the greatest chance to secure compensation to the fullest extent that you deserve so that you can focus on your own recovery.
FAQs
Q: Does California Have Any Laws That Limit Personal Injury Damages?
A: California does not currently have any laws in place that limit the amount that victims can claim in personal injury damages, with the one exception being in medical malpractice cases. For medical malpractice claims, the limit to which a victim can claim non-economic damages is $250,000. In all other types of personal injury claims, there is no cap on the amount that a victim can seek for compensation.
Q: What Is an Exception to the Statute of Limitations in California?
A: In California, there are a few exceptions regarding the statute of limitations for personal injury claims. Those exceptions are if the plaintiff is under the age of 18 years old, if the plaintiff dies within six months of the end of the statute of limitations, if the plaintiff is officially declared mentally incompetent, and if the plaintiff is in prison, of which the statute of limitations would toll until the time of their release or for two years, whichever comes first.
Q: How Long Do I Have to Sue Someone in California?
A: The statute of limitations for personal injury claims in California is two years from the date on which the injury occurred, aside from the listed exceptions above. However, if the injuries or damages were not discovered right away at the time of the incident, then the statute of limitations may begin from the date on which the damages were discovered or reasonably should have been discovered, whichever occurs first.
Q: What Is the 3-Year Statute of Limitations in California?
A: According to the California Penal Code, there is a three-year statute of limitations for felony charges. This means that any person who commits a felony criminal offense must be legally charged within three years of the date that the crime occurred. Any attempt to charge the individual with the crime beyond the three-year period would be considered invalid.
Finding the Right Law Firm for Your Case
If you have experienced an injury or damages from an accident due to the fault of another party, then time is of the essence. At Easton & Easton, we are a family of dedicated personal injury attorneys who exclusively represent the victims of these accidents. We pride ourselves on our ability to approach these cases with diligence and compassion as you begin your recovery.
Each and every person affected by these damages deserves to obtain fair and just compensation for their injuries. Contact us today, and we can get started reviewing your case.
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