Did you know that you have a limited amount of time to file a personal injury lawsuit in California? The state has statutes of limitations on different types of cases that can be filed in the state. These are strict requirements for when a personal injury case can be filed with the courts. Here is what you need to know about deadlines for your case.
Most Personal Injury Cases
Most personal injury cases have the same statute of limitations regardless of the type of accident. These cases include car accidents, boat accidents, slip and fall accidents, and other incidents of unintentional or intentional harm.
The base statute of limitations for all cases that relate to injuries of a person, such as car accidents or slip and fall accidents, is two years from the date of injury. You must file your case by this deadline for it to be legally valid. If you attempt to file the case after the two-year time period, your case will likely be dismissed.
There is an exception. If the plaintiff did not know about the injury within the statute of limitations and would not have reasonably known about the injury, they have one year from the date the injury was discovered to file a claim, even if that puts them over the two-year mark.
Although medical malpractice is an area of personal injury law, there are separate statutes of limitations in these cases. For the state of California, the statute of limitations on medical malpractice varies depending on when the patient learned about the injury. You typically have one year from the date the plaintiff knew or should have known about the injury or three years from the date of injury, whichever is sooner.
If you have questions about whether or not your personal injury case is valid, contact us today for a free case evaluation.