A statute of limitations is a deadline for bringing a legal action. Most legal actions, whether brought in civil or criminal court, have a deadline for a person or government entity to take the case to court. The exact deadline depends on the legal action, but for most personal injury cases in California, the statute of limitations is two years from the date of the accident giving rise to the injury.
Exceptions to the Personal Injury Statute of Limitations
This two-year rule can sometimes be extended in certain situations. A few common ones include:
- The Discovery Rule: Some injuries aren’t discovered until some time after the accident. Therefore, the two-year clock doesn’t start until the victim discovered (or should have discovered) their injury.
- Wrongful Death: If someone dies as a result of their injuries from an accident, the two-year clock for a wrongful death cause of action begins when the person dies, not when they incurred those injuries. This exception exists because it might take many years for an injury to cause someone’s death.
- The victim being a minor: Because minors generally can’t bring their own lawsuits, the two-year clock for them begins when they turn 18 years of age.
Talk to a California Personal Injury Lawyer Today
The statute of limitations puts a deadline on taking legal action. Depending on when you got hurt, this deadline could be fast approaching. Even if you think you missed it, there might be an exception that applies. If you want to find out if the statute of limitations applies to your potential personal injury case, contact Maison Law as soon as you can.
The faster you talk to one of our lawyers, the sooner we can confirm how much time you have left to file suit. Get started today by scheduling a free, no-obligation consultation where you pay nothing until we win or settle your case.
