What is California's Statute of Limitations for Personal Injury Lawsuits?

lady justice bronze statueThere is a limited amount of time to pursue a personal injury lawsuit as defined by California's statute of limitations. If you have been injured in an accident, you should contact an attorney as soon as possible to determine how much time you have to file a lawsuit to pursue the compensation you may be owed.

A trusted Sacramento personal injury attorney can review your situation during a free legal consultation and help ensure your lawsuit is filed before time runs out. If you try to go through the process alone, you risk making procedural errors that could result in your suit being dismissed altogether.

Deadline for Filing a Personal Injury Lawsuit

Lawsuits involving negligence have statute of limitations from the day an injury occurs and/or is recognized. This includes wrongful death, premises liability, personal injury and product liability lawsuits.

The standard deadline is stated in Section 335.1 of California’s Code of Civil Procedures (CCCP), but circumstances can alter time limits, such as claims against government entities that may have much shorter deadlines. Other possible statute of limitations factors include:

  • Delayed discovery: This means the injured person did not discover or was not aware of certain things about the injury that would cause a reasonable person to believe he or she was harmed by another person's negligence.
  • Negligent party left the state: The at-fault party leaves California prior to a civil action being filed.
  • Incapability: This may apply to persons under 18 or those suffering mental illness lack the capacity to make legal decisions.

If you have suffered a personal injury cause by the negligence of another party, contact an injury attorney immediately. A trusted attorney can help ensure your lawsuit is filed before time runs out.

What if You Miss the Deadline?

If you miss a statute of limitations deadline, you will most likely not be able to file a lawsuit and/or the case will be dismissed.

Contacting an attorney as soon as possible after an injury is imperative for this reason. Your lawyer can determine if you have a case and how much time remains to file a lawsuit. It takes time to prepare a legal case, so it is in your best interest to give your attorney as much time as possible.

Contact a Sacramento Personal Injury Lawyer Today

Have you suffered an injury that may have been caused by negligence?

Schedule a free legal consultation with the Arnold Law Firm. There is no obligation to pursue a case and you will not be charged for our services unless we recover fair compensation.

We have many years of combined experience handling a wide variety of personal injury cases. We know what to expect, how to investigate and how to build a strong case.

Complete a Free Case Evaluation form or call (916) 777-7777 today.