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How long do you have to sue someone for personal injury in California?
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If someone else’s actions or failure to act responsibly harms you, one way you may be able to receive compensation for your injuries is by filing a personal injury lawsuit against them. However, time is limited to take legal action. California gives accident victims a fixed amount of time to file a claim for compensation. This time period is called the statute of limitations. Understanding the statute of limitations for your personal injury case is vital. Miss the cutoff, and you might lose your rights to compensation entirely.
What is the Statute of Limitations?
According to Orange County, CA based personal injury lawyers at Text Kevin Accident Attorneys, the statute of limitations for personal injury claims is generally two years from the accident or injury in California. Some exceptions can modify this timeframe, but two years is the default. After that period passes, your legal right to sue the other party ends.
Two years seems like plenty of time, it’s vital that you contact a personal injury attorney right away to get the process started and protect your legal rights. The faster your lawyer can gather evidence to secure your claim, the sooner it can be filed.
Can I Still Sue After the Statute of Limitations Passes?
You can still file a personal injury claim even if the statute of limitations has passed, but doing so is often destined to fail. That’s because defendants will typically use expiration as a defense to have the suit dismissed. Short of some exceptions detailed by state law, there’s no course of action you can take to change this.
In addition to this, the personal injury statute of limitations applies to settlements, also. As a whole, the law stops you from pursuing damages after two years have passed. The defendant will have no requirement or responsibility to settle with you outside that period of time.