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What Is The Statute of Limitations On A Personal Injury In California?

personal injury

What Are The Personal Injury Statute of Limitations in California?

In layman’s terms, a statute of limitations is defined as a person’s “deadline” to file a lawsuit. For example, if a person intends to pursue legal action after being harmed, they have to do so within the statute of limitations set by their state. In California, the plaintiff (the one filing the lawsuit) has two years to file a case against the defendant (the one who is alleged to have harmed the plaintiff). Otherwise, the court of law will very likely dismiss their case. There are, however, cases in which the court of law may “extend” the statute of limitations.

California Statute Of Limitations For Minors

Under California law, the plaintiff is only subjected to the two-year limit if they’re over eighteen years old. This means that if the defendant harmed a minor, the two-year statute of limitations will only take into effect as soon as they become a legal adult. So as long as the plaintiff acquired the injury before they turned eighteen, they have until they turn twenty to file a lawsuit against the defendant.

“Extending” Personal Injury Statutes of Limitations in California

There are cases in which the statute of limitations for a personal injury gets extended. Such cases usually involve a delay in discovery. According to the state law, “if the injury was not discovered right away, then [the statute of limitations] is 1 year from the date the injury was discovered."

The plaintiff would need to prove that their case falls under the “delayed discovery rule.” Basically, the injured person should prove that they have no way of knowing that the defendant’s actions would cause a personal injury. These cases are usually complicated and would require the help of a Los Angeles personal injury lawyer to even determine whether one would be eligible for such an “extension.”

Suing A Government Agency For A Personal Injury

Filing a personal injury lawsuit against a government agency needs to be done more hastily compared to if the defendant were just a regular person. You would need to file an administrative claim no later than six months after the injury has been acquired. This is all stipulated under the California Tort Claims Act. The government agency is liable for the injury if the employees and independent contractors, assuming that they were merely doing as they were hired to do, caused the personal injury.

Call Omega Law Group

We have represented clients who have been afflicted by various personal injuries, including Spinal Cord Injury, Traumatic Brain Injury, Soft Tissue Injury, and many more. Our awards and excellent testimonials are a result of our ability to empathize and attend to the needs of our clients. Here at Omega Law Group, you will come first. If you or a loved one is afflicted with an accident, reach out to our team. Visit our Contact Us page or call us at (310) 504-1852.

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