How Long Do You Have to File a Personal Injury Lawsuit in Salinas CA

by Martin Vanik Gasparian on Apr. 26, 2021

Accident & Injury Personal Injury 

Summary: Every state has set a time limit on how long a person can wait to file a lawsuit seeking compensation for damages suffered in a personal injury accident.

Every state has set a time limit on how long a person can wait to file a lawsuit seeking compensation for damages suffered in a personal injury accident. In Tennessee, that limitations period is only one year from the date of the accident. In Maine, it’ six years. As per the California Code of Civil Procedure 335.1, an injury victim has two years from the date of an accident to file their personal injury lawsuit. Failure to file the lawsuit within the two-year limitations period is highly likely to result in a case being dismissed forever. The purpose of this limitation period is to bring cases before courts before they’re stale. Unnecessary delays are frowned upon, and the court calls are already backlogged.

Exceptions to Section 335.1

There are only a few exceptions to the California personal injury statute of limitations. Those follow:

  • Injury to a Minor: If the victim was under 18 years of age at the time of an accident and resulting injuries, the statute of limitations doesn’t begin running until his or her 18th birthday. It then extends two years beyond that date.
  • The Discovery Rule: If the victim didn’t discover the injury, or didn’t reasonably suspect that he or she was injured as a result of carelessness and negligence, that victim would have two years from the time of discovery. This might be seen in a medical malpractice case.
  • Absence From the State: If the person who caused the injury left California after the accident and didn’t return until after the statute of limitations had run, the time period might be extended.

Claim Against Government Entitles

Aside from a two-year statute of limitations, personal injury claims against government entities have another deadline. That’s a six-month deadline for notifying the entity of a personal injury claim. Should an accident victim fail to file or properly notify a government entity of this claim, it’s likely that their personal injury lawsuit will be summarily dismissed.

Contact a Salinas CA Personal Injury Lawyer Today:

If you were injured in an accident that was caused by the carelessness and negligence of somebody else, filing your notice of claim or lawsuit as soon as possible definitely operates in your best interests. Fresh evidence, witness statements and recollections are likely to help you reach a disposition sooner. Don’t sit on your hands after being injured in an accident. Contact the Maison Law Salinas office as soon as you can.

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