The statute of limitations is a specific timeframe in which a victim of a personal injury has to act in order to file a claim and receive compensation for the losses another person caused. If you do not file a claim within this timeframe, you may be unable to seek compensation from the at-fault party, even if you can prove that they caused the injury.
In most cases, the statute of limitations in California is two years from the date of the incident. However, there are a few exemptions to this and some details that may need to be considered. The sooner you seek out help from an attorney, the less risky it will be for you to settle your claim and recover the damages owed. A California personal injury attorney from Wunderli Injury Law can assist in your claim.
The Statute of Limitations in California is Two Years
For most types of personal injury claims, you have two years from the date of the accident to take action. Under the law, you are unable to seek damages and force the at-fault party to pay for your losses if more than two years have passed since the incident occurred. If this period of time expires, the defendant has no obligation or requirement to settle with you outside of court or in court.
There Are Exceptions to the California Statute of Limitations
There are some situations where the statute of limitations is a bit different. One common time is called delayed discovery. In this situation, a person does not find out that they have suffered an injury until after the two-year period has passed. An additional one-year window has been added to this timeframe to ensure fairness in these situations. That means you have one year from the date of discovery to take legal action.
An example of this could include a situation where a person suffers a life-threatening injury or illness years after their exposure to a chemical or situation. You may not know that there was anything wrong for several years.
Statute of Limitations for Property Claims
In situations where there are property claims, you have a bit longer to file a claim. Under the law, you have 3 years from the date of the accident to file a claim for compensation for property damages. Remember, this does not apply to injuries.
Statute of Limitations for Government Cases
If you are planning to sue a government agency for their role in the injuries or losses you face, you have to work quickly. You only have six months from the date of your physical injury to file a claim against that government entity, which does not give you very much time to take action.
The sooner you act, the better in any type of personal injury claim. Ultimately, the responsibility to take action right away is on your shoulders, which means you should not wait any longer than you need to if you want to protect your right to file a claim. Your personal injury attorney can help guide you through this process.