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

Posted on behalf of Arnold Law Firm in
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.

Call (916) 777-7777 today.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.