California Personal Injury Statute of Limitations

If you have been injured due to the negligence of another party, you may be entitled to seek compensation in California. However, it is important to note that all personal injury cases in California have a strict deadline attached to them, and if those deadlines are missed, you may lose out on your chances of recovering damages. Understanding the California personal injury statute of limitations is crucial for anyone considering taking legal action after an accident.

Common Types of Personal Injury Cases in California

The type of personal injury case you are dealing with will impact the statute of limitations that is attached to your claim.

The most common types of personal injury cases that our firm sees in California include the following:

• Car Accidents. The most common causes of car accidents in California include distracted driving, reckless driving, poor road conditions, and failing car components. Injuries from car accidents can range from mild concussions and cuts to severe brain injuries and even death.
• Dog Bites. If you or a loved one has been injured by a dangerous dog in California, you may be entitled to recover compensation for items like medical bills, lost wages, and pain and suffering. Many dog bites and attacks can leave victims with broken bones, puncture wounds and infections, nerve damage, soft tissue damage, head and neck injuries, internal injuries, concussions, traumatic brain injuries, lacerations, paralysis, or even death.
• Commercial Trucking Accidents. You may be able to hold a commercial trucker or their company liable if the accident was caused by distracted driving, reckless driving, driver fatigue, neglectful commercial truck maintenance, malfunctioning truck components, or improperly loaded cargo.
• Motorcycle Accidents. Motorcycles offer riders less protection than the average truck or car, and when an accident involves these vehicles, the driver of a motorcycle can suffer devastating injuries such as broken bones, road rash, severe burns, spinal cord injuries, traumatic brain injuries, and even death.
• Premises Liability Accidents. When an individual visits the property belonging to another party and suffers an injury due to a dangerous condition on that property, they have the right to file a claim for compensation in California. The most common kind of premises liability accident is a slip and fall accident, where an individual slips, trips, or falls due to dangerous conditions on the property, such as uneven or slick pavement.

Statutes of Limitations on California Personal Injury Cases

A statute of limitations sets a specific deadline or time limit on when an injured individual can file a personal injury claim. To ensure you meet your case’s unique deadline, it’s crucial that you work with an experienced personal injury lawyer who can help you navigate your case.

Statutes of limitations for varying personal injury claims in California include the following:

• Personal Injury Cases. These cases can include motorized vehicle accidents, premises liability cases, dog bites, and more. The statute of limitations assigned to these cases stands at two years from the date on which the accident occurred.
• Product Liability Cases. Product liability cases occur when an individual is harmed by a defective or malfunctioning product. The most common products involved in these cases include food and beverages, furniture, and vehicles. Currently, the statute of limitations on these cases stands at two years from the time of the incident and occurrence of the injury.
• Wrongful Death Cases. These cases arise when a loved one is killed in a personal injury case. Under these circumstances, the qualifying family members of the deceased individual, such as a spouse, parent, or child, have the ability to bring a claim forward within two years of the victim’s death. An experienced lawyer from our firm can help you determine if you have grounds for a wrongful death claim in California.
• Property Damage. When you have suffered property damage and seek a civil claim against the at-fault party, you have three years to file a claim from the date the damage took place.
• Medical Malpractice. When an individual suffers from an act of medical malpractice, such as wrong-site surgery or a misdiagnosis, they have one year from the date they should have been reasonably aware of the injury or three years from the date of the injury to file their claim, whichever comes first.

Personal Injury Statute of Limitations FAQs

Q: Should You Hire a Lawyer for a Personal Injury Case in California?

A: Even though the law does not require you to hire a lawyer when filing a personal injury claim in California, doing so can significantly improve your chances of filing a successful claim that secures compensation. An experienced personal injury lawyer can educate you on your rights and help you build a powerful claim that aggressively pursues justice. Additionally, your lawyer can help to ensure you meet all deadlines and statutes of limitations.

Q: How Much Does the Average Personal Injury Lawyer Charge in California?

A: It can be a challenge to offer an exact number as to how much a personal injury lawyer might charge for their services in California. However, there are common factors that can impact the final cost of almost all personal injury cases, including the complexity of your case, the duration of your case, the experience of your attorney, the location of your attorney, and more.

Q: How Long Can It Take to Settle a Personal Injury Claim in California?

A: The overall timeline of a personal injury claim in California will depend on the exact circumstances of your unique claim, such as the severity of your injuries and the amount of compensation you are pursuing. The factors that may impact the timeline of your personal injury claim include the complexity of your case, the availability of evidence, and the cooperation of all parties involved.

Q: What Damages Can You Recover in a Personal Injury Claim in California?

A: Depending on the exact nature of the accident and the severity of your injuries, there are several damages that may be recoverable in your California personal injury claim. These damages can include medical bills, lost wages, the loss of your future ability to earn money, pain and suffering, loss of the enjoyment of life, and in rare cases, punitive damages.

Belgum, Fry & Van Allen: Your California Personal Injury Lawyers

Dealing with the aftermath of a personal injury can be frightening. However, you don’t have to go through it alone. At Belgum, Fry & Van Allen, our skilled personal injury lawyers are committed to helping California residents file successful claims. Contact our offices today to schedule a consultation and learn more about our personal injury services.