California Personal Injury Statute of Limitations 2024

If you or a loved one has been injured by the actions of another party in California, you likely have grounds to file a personal injury claim. This type of civil suit seeks accountability and compensation for harm done by another party’s negligence or intentional misconduct. If you intend to file such a case, it is crucial to understand the California personal injury statute of limitations so you can file your case on time.

Duque & Price can help you build your case efficiently. We know you face a time limit, and the financial impact of your damages will continue to grow the longer it takes for you to recover your losses. The sooner you connect with an attorney, the better your chances of success with your case.

What Is the Personal Injury Statute of Limitations?

The statute of limitations is the time limit an injured plaintiff has to file their case with the court. In California, the personal injury statute of limitations for most claims is two years, and this time limit starts counting down on the date the injury occurred. Alternatively, the statute of limitations may begin on the date the victim discovered the harm done or the date they should have discovered the harm done with reasonable diligence.

It is important to understand that if you do not meet the applicable statute of limitations for filing your personal injury case, you lose the ability to claim compensation from the defendant regardless of the merits of your case. It will not matter how severely injured you are or how expensive your economic damages are; if you fail to submit your claim to the court within the statute of limitations, you lose the ability to claim compensation for your damages.

Building Your Personal Injury Case

It is crucial to consult an experienced personal injury attorney as quickly as possible after you have been harmed by another party’s actions. You not only contend with the statute of limitations, but it could take much longer than you expect to gather the foundational elements of your case and meet the deadline. Success with a personal injury case requires proving liability for your damages and showing the full extent of those damages.

You will require several forms of evidence in order to prove liability for your personal injury. For example, if you are filing a claim in response to a car accident, traffic camera footage, vehicle computer data, and cell phone records could be essential for proving fault. If you are filing a premises liability suit, building maintenance records and security footage from the premises could be invaluable evidence.

Once you have the evidence needed to prove fault, you will need to show the full extent of the damages the defendant caused, and you must also establish causation between their actions and your claimed damages. This means you need to prove that your damages did not occur from any other cause, and the defendant is solely responsible. Building the foundation of your case may take longer than you expect, so it is vital to start as quickly as possible.

FAQs

How Long Do You Have to Sue for a Personal Injury?

In most cases, you have two years to sue for a personal injury in California. This time limit usually begins on the date your injury occurred, but there are special cases in which the statute of limitations will change. For example, if the harm done to you was not immediately apparent, then the statute of limitations would begin on the date you discovered the harm or the date that you should have discovered it with reasonable diligence.

What Damages Can I Seek in a Personal Injury Case?

The damages you can seek in a personal injury case will depend on the nature and the severity of the harm you suffered. Generally, the purpose of a personal injury case is for the injured victim to claim the compensation they need to be as whole as possible again. Claimable economic damages may include property losses, medical expenses, and lost income, and the victim can also seek pain and suffering compensation.

What Is the Statute of Limitations for Property Damage?

The statute of limitations for property damage in the state is three years, starting on the date the damage occurred. If another party did not physically harm you but damaged or destroyed your property, you would have a longer statute of limitations in which to file your claim. Some property losses may be recovered with various types of insurance depending on how these incidents occur, but a civil case solely for property damage has a three-year time limit.

Can the Statute of Limitations Be Extended?

The statute of limitations can be extended for certain reasons. This tolling occurs under special circumstances. The most common application of tolling the statute of limitations is accounting for a victim who is a minor. When a minor suffers a personal injury, the statute of limitations does not technically start until they reach the age of 18. In other cases, such as latent issues that cause personal injuries, the statute of limitations may also toll beyond two years.

Why Should I Hire a Personal Injury Lawyer?

You should hire a personal injury lawyer because your case may be more complex than it initially appears. It could take much longer than you expect to gather the materials needed to build the foundation of your case, and you may be entitled to more compensation than you initially anticipated. Securing experienced legal counsel as quickly as possible is one of the most effective ways to ensure you meet the deadline for your case and maximize your recovery.

Duque & Price has helped many clients with all types of personal injury cases, and we can apply this experience as we help you recover from your injury. Whether you are seeking compensation for your own damages or on behalf of an injured loved one, you have a limited time in which to file your case or you lose the chance to claim compensation. Contact us today and schedule a free consultation with our team to learn how we can help.

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About The Author

Brent A. Duque

From humble beginnings and son of hard-working immigrant parents, Brent Duque was raised in La Puente, California. After graduating from West Covina High School and Mt. San Antonio College, Mr. Duque went on to graduate from Cal State University Fullerton with a Bachelors degree in Political Science. After obtaining his undergraduate degree, Mr. Duque did his graduate studies in Education and Public Administration at California Polytechnic University Pomona. After working for other firms, Mr. Duque knew that if he opened his own firm, he could provide more aggressive representation, better communication with clients, and secure larger settlements and verdicts for his clients. In 2006, he started his firm and has had a remarkable and successful career that he attributes to his firm’s aggressive and relentless pursuit of justice for his clients. As owner and managing attorney of the firm, Mr. Duque has fought for and secured millions of dollars for his clients.

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