Exceptions to California’s Personal Injury Statute of Limitations

 Posted on October 15, 2024 in Personal Injury

Whenever someone’s negligence or recklessness results in another person getting injured, the victim can bring a personal injury case to an insurance company or to the court to sue for damages. There are many scenarios that would qualify as reasonable grounds for a lawsuit, but there are restrictions on when you can file your claims.

California has a two-year statute of limitations, meaning claims typically need to be filed no more than two years after the injury occurred. Otherwise, they will likely be dismissed. However, there are some exceptions to this rule. Speak with a dedicated Los Angeles, CA personal injury attorney to learn more.

When Does the Clock Stop on the Statute of Limitations?

In general, you have up to two years from the moment you discover an injury to file your claim. Even if the injury does not appear for some time after the incident that caused it, the clock does not necessarily start from the accident but rather from the discovery of the injury.

There are several scenarios in which the statute of limitations can "toll," meaning the two-year deadline is paused. The court will not insist on the two-year deadline if the plaintiff is:

• Legally insane

• In state prison

• Not in California

Whenever the issue that led to the tolling is over - if the plaintiff is considered mentally fit, is released from prison, or returns to California - the statute of limitations will resume.

Another situation in which the statute of limitations is commonly delayed is if the person who wants to sue is a minor at the time of the incident. In those cases, the statute of limitations only begins once the plaintiff turns 18 years old.

There are also certain types of personal injuries for which the statute of limitations for filing claims is shorter or longer than two years. It is important to consult with a qualified attorney to ensure that you will meet the deadline.

Schedule a Free Consultation with an LA County, CA Personal Injury Lawyer

If you are injured because of someone else’s reckless or negligent actions, speak with an experienced Glendale, CA personal injury attorney about filing a claim. At Tahmazian Law Firm, P.C., we are passionate about getting our clients the compensation they deserve to cover medical expenses and other damages. Do not let something like a statute of limitations keep you from holding accountable whoever hurt you. Call us at 818-242-8201 to schedule a free consultation so we can review your case and offer guidance.