How Much Time Do I have to File a Personal Injury Lawsuit in San Diego?
California Code of Civil Procedure Section 335.1 is the Statute of Limitations Code Section applicable to all Personal Injury and Wrongful Death cases. These cases include accidents of all kinds automobile, motorcycle, truck, bicycle, pedestrian, slip and fall, and wrongful death. The statute is also applicable to cases involving assault and battery caused by the wrongful act or neglect of another and to cases for defective products, also known as product liability cases.
The California Code of Civil Procedure Section 335.1, Statute means that an individual or party has only two years in which to file a lawsuit for damages resulting from a personal injury or wrongful death. When the statutory time elapses, in this case two years, an individual or party loses the right to file a lawsuit for their damages or other relief.
When does the Statute of Limitations begin?
Normally the California Statute of Limitations begins on the date that the injury occurred. However, there are some exceptions to the Statute such as:
- If the party at fault for the accident is a public entity such as a city, county, state, school, or public transport service. A claim must be made against the public entity within 6 months.
- In an action for injury or death against a health care provider based upon such person’s alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.
- Minors have a longer period of time to sue. The statute is extended for minors and they may bring an action for a period of time after their 18th birthday. To be safe, any such lawsuits should be filed by the injured person who was a minor at the time of their accident, within one year after their 18th birthday if it has not been filed previously by the parents of the minor.
The California Statute of Limitations is also different for cases involving childhood sexual abuse and also cases involving libel, slander, false imprisonment, and fraud.
A claim for damages for a personal injury, such as an auto accident can be made at any time after an accident to the negligent party or their insurance company. However, if the claim has not been settled before the California Statute of Limitation elapses, the right of the injured person to be paid for their injuries and to file a lawsuit will be extinguished.
If you or someone you know is filing a personal injury lawsuit in San Diego, contact Gateway Personal Injury Law Firm at 619-330-5882 today.