All personal injury cases fall under the statute of limitations. The statute of limitations basically states that the victim of the injury has two years from the date of the incident to file a personal injury claim. The two-year statute of limitation is covered in California Civil Code 335.1, which states:
“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
Exceptions to the Statute of Limitations in California
In most cases, the statute of limitations begins on the date the injury took place. However, the time can vary based on the following facts:
- Injuries: An injury can take time to form or for the injured victim to become aware of their injury. The discovery of an injury can postpone the start date for the statute of limitations on a claim.
- Wrongful death: a person may lose their life at a much later date due to health complications from the accident. In this case, the victim’s family will be given two years from the day they lost their loved one to file a claim.
- The victim was a minor: if the victim was a minor at the time of their injury, the statute of limitations will be withheld until the minor turns 18. Once the victim is 18, the two-year statute of limitations will start.
What is the Discovery Rule?
The discovery rule delays the statute of limitations if you could not have reasonably known about your injuries right away. For example, let’s say a dog attacks you, causing you to fall and hit your head on the sidewalk. Your head hurts, but there’s no visible damage, so you don’t see any reason to pursue a lawsuit against the owner.
Years later, however, you begin to have neurological issues that your doctor says must be from a time when you suffered some sort of blunt trauma to your head. In this situation, the “discovery rule” applies as the two-year clock does not start running until the day your injury was discovered, and you would be able to file a claim against the liable party’s insurance to recover damages.
Contact a California Personal Injury Lawyer
If you’ve sustained injuries due to the careless actions of another person, it is advisable to speak with one of our Personal Injury Attorneys about the incident. At Maison Law, we prioritize the safety and well-being of injured victims by connecting them with immediate medical attention and efficient negotiations to get them the compensation they need.
Our team of attorneys will help you understand the legal avenues available to you and recommend the best course of action to reach a successful outcome. Contact Maison Law today for a free consultation and case evaluation. There are no upfront costs, and you don’t pay a cent until we’ve won your case.
