When you are injured by someone else’s negligence in California, you only have a certain amount of time to file a personal injury claim against them. In fact, California’s personal injury statute of limitations is only two years, beginning on the date of the injury. If you do not file a claim or lawsuit against the liable party before that time limit expires, then the court will dismiss any claim filed afterwards. In effect, you will not have any future chance of being compensated for that particular accident and its damages.
You must also be aware that there is a six-month statute of limitations for claims filed against a city, county, school district, or California state agency with some exceptions *. Yes, the typical two-year time limit is reduced by three-fourths, down to only half a year, for claims filed against a governmental entity in California.
The six-month statute of limitations is extremely strict and intentionally favors the defendant. For the most part, plaintiff claims take time to build correctly before filing them with a court. Investigations are usually not fast and it may take months before the full extent of a patient’s injuries are truly known to medical professionals. Yet this strict time limit quashes any hope of carefully approaching the situation, forcing you to file much sooner than later.
Getting the Upper Hand When So Much is On the Line
California’s brief statute of limitations on most personal injury claims place you at somewhat of a disadvantage as the plaintiff. You need to be able to confidently build a claim that will stand up to the scrutiny of the defense while also demanding the right amount of compensation — and in two years or less. It is no easy task to take on alone.
Thankfully, you are not alone. Call (888) 387-4053 to connect with Habbas & Associates and our San Jose personal injury attorneys. For nearly 200 years of collective legal experience, we have been providing award-winning representation for the wrongfully injured throughout the Bay Area, amassing more than $300 million in compensation secured for our clients. See how we can help you create your claim and pursue maximized compensation by contacting us now. Free case evaluations are available.
(* Please be aware that some universities in California are not held to the strict six month statute of limitations. Every case has unique details that may change statute of limitations. It is always best to contact our law office or another attorney to learn more about specific statutes that may apply to your case. The information shared in this blog does not constitute legal advice and does not establish an attorney-client relationship.)