Deadline for Filing a Personal Injury Lawsuit in California

Civil lawsuits including personal injury claims must be filed within a certain time period. Failure to file a claim in the court of law within the statutorily allotted timeline will eliminate a victims right to legal and financial compensation.

Statute of Limitations for Filing a Personal Injury Lawsuit in the State of California:

In the state of California victims of bodily harm (personal injury) must file a case in the court of law within TOW YEARS from the date of the incident.

Special Rule for Claims Against Government Entities – Federal and State Government: Claims against government entities must first be filed with the agency in question within SIX MONTHS (180 days) from the date of the incident. Once the government agency has denies a claim a plaintiff will have TWO YEARS from the date of incident to file a claim in civil court.

Special Rules For Children: Minor under the age of 18 have TWO YEARS from the date of their 18th birthday to file a personal injury lawsuit in the state of California.

Tolling of a Statute – Exceptions Allowed By Court to Filing a Claim Past the Deadline: In certain circumstance victims of personal injury are granted a tolling of the statute of limitations allowing for a lawsuit to be filed in the court of law. Some of the most common instances where courts have granted an exception to filing a case past the statutorily deadline are as follows:

  • Mental incapacitation of the victim.
  • Physical incapacitation of the victim.
  • The victims did not realize the injuries were caused by the wrongful actions of another.
  • The injuries did not manifest themselves until a later time.

Compensation Available For Victims: Victims of serious injuries are entitled to financial restitution for all the harms they suffered. Types of harms compensable in a personal injury lawsuit include medical and rehabilitation expenses, pain and suffering, lost wages and loss of future income, and punitive damages.

Legal Assistance:  If you have any legal questions regarding your claim feel free to contact our law firm toll free (800)790-5422. All confidential legal consultations regarding your injuries are provided by our attorneys free of charge.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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