Pursuant to Code of Civil Procedure sect. 335.1, California’s personal injury, statute of limitation (SOL) is 2-years but there are exceptions to this general rule during which you may sue for personal injury damages such as those sustained in any personal injury action, car accident, slip and fall, dog bite, emotional distress or wrongful death.
Continue to read and learn more about California’s statute of limitation and its exceptions for personal injury actions.
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Statute of Limitation | General Rule
In California there is a general 2-year rule during which you must settle your personal injury claim, or file your injury lawsuit or risk losing any rights you may have for compensation. Learn More
Statute of Limitation | Exceptions
Exceptions to California’s 2-year, personal injury statute of limitation include:
- Government Claims;
- Minor (underage) Injury Victims; and
- Mentally Institutionalized Persons.
Government Injury Claims: Injury claims alleging government liability must be filed within 6-months of the injury producing event.
An injury suit seeking money compensation may not be maintained against the State, city, county, public or transportation agency, a school district unless a written, administrative claim has been first timely presented to the alleged wrongdoing agency. The injury claim must include all potential claims, and include all the claimants. It must state the all facts (i.e. when, where, who, and why) and be MUST be filed within 6-months from the date of the injury producing incident. If the claim is not filed within these first 6-months, the injury victim risks losing all their rights to seek injury compensation. Learn More
Minor Injury Victims: If on the date of the injury producing incident the victim was a minor (under 18-years old), the 2-year personal injury statute of limitation is tolled (suspended) until the victim turn 18. On the person’s 18th birthday the cause of action accrues and the SOL begins to run. The victim then has 2-years from their 18th birthday to settle their claim or file a lawsuit before risking the loss of their rights for injury compensation. Learn More
Example Scenario 1: Maria, 15, gets injured in a car accident that occurred on June 1, 2016. She was born on December 1, 2001. Maria has until she turns 20 on December 1, 2021 to settle her injury claim or file her lawsuit. For the time Maria was underage the 2-year period in which to file her lawsuit is suspended and does not begin to run until she turns 18.
NOTE: The minor exception to California’s 2-year personal injury statute of limitation does not apply to injury claims made against the government. If you are filing an injury claim against a government agency, the 6-month administrative claim requirement MUST be met or you risk losing all your rights for injury compensation.
Ordaz Law, APC | Statute of Limitation
Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a personal injury lawyer in San Diego County. We help victims suffering from a variety of injuries, who have sustained their injuries through different types of injury producing events. We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate losses.
Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego personal injury lawyer.
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Sources and Useful Links:
California Courts – The Judicial Branch of California – Statute of Limitations
California Code of Civil Procedure section 335.1
California Code of Civil Procedure section 352
Blog: Personal Injury
Blog: San Diego Personal Injury
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