If you were in a car accident, slipped and fell on someone else’s property, or suffered a traumatic brain injury after being hit on your bicycle, you’re entitled to compensation for medical bills, lost wages, and pain and suffering from the negligent party or parties involved. However, to begin a personal injury lawsuit in a California civil court system, you are required to file your complaint with the court within the statute of limitations imposed by the law. In other words, there’s a deadline you must meet.
If you’re considering filing a personal injury lawsuit in California, it’s best to learn the process from an experienced personal injury attorney. The Law Offices of JG Winter can help you act accordingly and take the proper course of action to protect your rights. The information below discusses the California statute of limitations for injury claims and the implications of missed deadlines.
Two-Year Time Frame to Pursue Legal Action in California
Under the California Code of Civil Procedure section 335.1, you have two years after an accident to file a personal injury lawsuit to pursue monetary remedies. Almost all injury cases, including those stemming from car accidents, wrongful death, slip and fall, and more, fall under this time frame. This is because most personal injuries involve a negligent defendant, and you will need evidence linking your injuries to the accident.
The statute of limitations ensures that defendants are not unreasonably charged or held liable for an incident that happened far in the past. Another agenda is to keep evidence and memory fresh, and to reduce the number of claims asserted.
What Happens If You Miss the Statute of Limitations Deadline?
Attempting to bring a lawsuit against a negligent party once the period of two years is exceeded will likely result in your case being dismissed. Despite how apparent fault may seem and how serious your injuries are, a dismissed case means that you will be ineligible to seek compensatory damages for your injuries and other accident-related losses.
Keep in mind that the deadline to file your personal injury lawsuit is two years for a reason. The law doesn’t just give you two years to decide whether you should pursue legal action or not. The two-year deadline is designed to provide you ample time to negotiate settlement options with insurance companies, consider your options with a personal injury lawyer, and collect evidence to build your case.
File Your Case on Time with a California Injury Lawyer
In personal injury cases, timing is everything. Time plays a role in your injury diagnosis, in how much time you’ve missed from work, and how long you have to bring a lawsuit against a negligent party. Knowing who is responsible for your accident, the statutes of limitations that apply to your case, and what options you have can be complicated. The Law Offices of JG Winter can help answer these questions and resolve any other concerns you may have.
At the Law Offices of JG Winter, our personal injury lawyers serve those in the California community who have been wrongfully injured. We’ve represented clients with catastrophic injuries, like traumatic brain injuries, spinal cord injuries, and paralysis—many of them sustained in car accidents, bicycle accidents, pedestrian accidents, or slip and fall accidents. We also serve families who lost a loved one through someone else’s reckless misconduct. Find out if you have a viable case over a free consultation by completing a contact form or calling 844-734-2626 today.