Personal Injury Statute of Limitations California: What to Know

If you wish to file a personal injury claim in California, you generally have two years from the date of the injury, but there are a few exceptions. After the statute passes, you can’t bring a personal injury lawsuit to court.  
If you have been hurt in a motor vehicle accident, you must abide by the personal injury statute of limitations in California. If you are within the time limit, focus on getting medical treatment and talking to California personal injury lawyers who can help you. We offer a free consultation and no upfront legal fees. 

What Is the Statute of Limitations in California?

Statutes of limitation are laws that determine how long a person has to file a particular legal claim. They apply to civil and criminal cases, including personal injury, medical malpractice, breach of contract, and property damage. The time limits vary depending on the type of claim and the jurisdiction. 

In California,  the Code of Civil Procedure 335.1 states that the statute of limitations for personal injury cases is two years. This applies to all cases where another’s wrongful act or negligence causes injury or death. 

For a claim that has to deal with a car accident, you must comply with the California statute of limitations for either personal injury accidents or wrongful death claims, depending on the actual situation surrounding your case. 

Exceptions to the Statute of Limitations 

If you are injured in a car accident in California, you generally have two years from the date of the injury to file a claim. However, there are a few exceptions. 

• Minors: One exception is if the injured person is a minor. In this case, the statute of limitations does not begin until the minor’s 18th birthday. Once turning 18, the victim would have two years to file a claim. 
• Government agency: Another exception is when you are injured in an accident involving a government entity, like a public bus. In this scenario, you have only six months from the date you suffered the injury to file a claim.
• Discovery rule: The statute of limitations can be extended if the injury or its cause is not discovered right away. Under the discovery rule, the clock does not start until the accident victim becomes aware, or reasonably should have become aware, of the injury and its cause.
• Wrongful death: In cases where a traffic accident results in death, surviving family members generally have two years from the date of the death to file a wrongful death claim. This is often different from the date of the accident, as some victims may succumb to their injuries months after the initial crash. The statute of limitations would expire two years after the date of death, not the date of the accident. 

Getting Compensation for Future Losses

Immediately after a car accident, it can be hard to determine how badly you are injured. Many motor vehicle accidents result in serious injuries and require ongoing medical care or physical therapy for several years. 

Many people who are injured in a car crash wonder how they can file a personal injury lawsuit and get compensated fairly if they don’t know how long their injuries will last and how much it will cost them in future medical care. 

Fortunately, California law allows accident victims to seek compensation not only for the losses they already faced but also for the projected losses they will incur in the future.

When an accident causes you a severe injury or permanent disability, it’s important to hire a personal injury lawyer to represent you.

You need an aggressive and experienced personal injury attorney like Daniel Kim to fight for you and get maximum compensation.

Personal injury claims often involve complex calculations to determine a fair settlement based on several factors listed below.

• Your age and actual health before the accident
• Your expected earning potential and life expectancy
• Any income and benefits you got before you were injured
• The nature and severity of your injuries
• Necessary medical treatment you need going forward (including inflation, etc.)

Getting Medical Treatment

You should always seek medical attention after suffering injuries in an accident.

The main reason to avoid delaying medical treatment after an injury is that your condition may worsen over time, leading to more severe health issues. Failing to seek prompt care can result in long-term consequences for your physical well-being. 

One important thing to remember is that insurance companies may seem supportive until it’s time to pay for your injuries. If you delay seeking medical treatment, they might argue that your injuries aren’t as serious as claimed or suggest another incident caused them. 

Let’s say you got hurt in a motor vehicle accident in July but didn’t seek medical treatment until November. In this case, the insurance company might not believe that your injuries are from July 1 because there is no proof. The insurance company could also say there is a chance you will be injured in a different accident after July. 

That’s why you should seek medical treatment immediately after an injury, allowing a doctor or hospital to provide legal proof by documenting the injuries you claim.

Common Personal Injury Cases We Represent

Car Accidents 

We help victims who were injured in any type of car accident, from being hit by an Uber Eats driver to being hit while a neighbor backed out of their driveway. It doesn’t matter what type of car you drive or what kind of car hit you. If you suffered personal injuries, contact us today so we can start your claim immediately. 

Truck Accidents 

A truck accident can involve anything from a semi-truck to a garbage truck or a small pickup truck. A truck accident with an 18-wheeler can cause serious damage to yourself and your vehicle. 

Motorcycle Accidents

Motorcycle accidents often result in severe outcomes for the rider. The primary reason is that motorcycles offer no physical protection like cars do. Without the safety features of an enclosed vehicle, such as seatbelts or airbags, motorcyclists are more vulnerable to serious injuries in the event of a crash. Speeding is one of the leading causes of motorcycle crashes in California. 

Uber and Lyft Accidents 

With the growing number of rideshare drivers from services like Uber and Lyft on the road, the chances of being involved in an accident with one of these vehicles have increased. Adding to the mix are delivery drivers from services like DoorDash and Amazon, further raising the potential for collisions. Whether you’re a passenger, another driver, or a pedestrian, it’s essential to know your rights and understand who may be liable in the event of an accident involving these vehicles. 

Pedestrian Accidents 

Pedestrian accidents are almost always dangerous for those on foot. A pedestrian’s best chance of avoiding serious harm is if the vehicle is either stopped or moving at very low speeds. However, when a pedestrian is struck by a vehicle at higher speeds, the outcome is usually much more severe, often leading to significant injuries or worse. 

Bicycle Accidents 

Bicycle accidents are often comparable to pedestrian accidents because cyclists, like pedestrians, lack the physical protection that vehicles provide. Aside from wearing a helmet, which can significantly reduce the risk of fatal injuries, cyclists are exposed to high levels of danger. Helmets are crucial for avoiding head injuries. Additional measures, such as wearing bright clothing and using reflectors or lights, can enhance visibility and prevent accidents. 

Contact a Personal Injury Attorney Today

Understanding the statute of limitations is the first step when beginning a personal injury case. If you have determined that your case falls within the statute of limitations in California, you should reach out to a California personal injury lawyer immediately. Delaying legal action can hurt your chances of recovering full and fair compensation.

The Law Offices of Daniel Kim is an award-winning personal injury law firm headquartered in Costa Mesa, California. We exclusively represent victims of motor vehicle accidents, including car, truck, motorcycle, pedestrian, bicycle, and rideshare accidents. If you sustained injuries due to the negligence of someone else, contact our law firm for a free consultation.