The law governing the Statute of Limitations for personal injury claims in California is Section 312 of the Code of Civil Procedure. The law outlines different time limits for certain types of personal injury claims. Often, an individual may not learn about his or her injuries until the day of trial. If you were injured in an accident, the statute of limitations will begin to run as soon as you learn about it.
A lawsuit must be filed within two years of the date of the injury in California. If the injury was discovered later, the deadline can be shortened. However, because many injuries don’t show up immediately, there is often no time to file a lawsuit. Soft tissue injuries and traumatic brain injuries, for example, can take months to show symptoms. The law also recognizes that people do not realize they are injured until months after the accident.
In order to file a lawsuit, an injured person must seek medical attention as soon as possible. This can be difficult, especially if the injury is a result of another person’s negligence. The time limit is generally two years, but in some cases it can be shorter. The two-year period begins the day the injured person discovers the injury. If an accident is the victim’s fault, the injured person must file a lawsuit within the time frame. This allows the injured party to file a lawsuit while the evidence is still fresh.
If you are injured by someone else’s negligence, you can file a lawsuit against the party responsible for the accident. The statute of limitations is two years, but there are exceptions. A plaintiff must have known of the injury within two years of the incident. This delay is known as the discovery rule. If the injured person had known about the injury before the deadline passed, the statute of limitations would have been four years. A lawyer should not file a lawsuit if the person had only been aware of the injury prior to the deadline, so the plaintiff should not know about the incident until the deadline passed.
In California, the statute of limitations for personal injury cases is two years. The time limit in these situations begins to run when the injured person becomes aware of the negligence of the defendant. The statute of limitations will end when the defendant leaves the state. When the injured person returns to California, he or she could face even greater legal challenges. The statue of limitations for claims of medical malpractice is two years.