You’ve probably heard the phrase “statute of limitations” before. However, it’s not immediately clear what a statute of limitations actually is. At its core, these statutes are periods during which you can take legal action for things like personal injury lawsuits. Keep reading to learn how they work and the deadlines for your personal injury case.
What Is a Statute of Limitations?
A statute of limitations provides a deadline for legal action. Once a statute of limitations has been reached, it’s no longer possible for someone to take legal action against another party for a particular action.
Statutes of limitations are found in both criminal and civil law. In civil law, these limits prevent people from suing someone else for an action that happened years ago. In most cases, these statutes are in place to prevent frivolous lawsuits or claims where the evidence has degraded past the point of viability.
There is one exception. Many statutes don’t start counting down until a person could reasonably have known that the lawsuit-worthy incident resulted from negligence. This is known as “delayed discovery.” The timer starts when you first discover your injury was caused by negligence.
For instance, suppose you were injured in a car accident. Suppose you found out a year after the accident that your mechanic had been negligent in maintaining your car. In that case, that’s when the statute of limitations timer would start for a personal injury lawsuit.
In most cases, though, negligence is obvious. For example, in slip-and-fall cases, poorly maintained floors or sidewalks are obviously the responsibility of the party who owns or manages them. Most courts consider the moment of discovery to be the date the accident happened.
Deadlines for Different Types of Personal Injury Lawsuits
There’s more than one statute of limitations when it comes to accident lawsuits. Depending on the circumstances around your injury, you may be held to two different deadlines for filing your case. Understanding which one applies to you is essential for filing a successful lawsuit.
Standard Personal Injury Cases
Most potential accident cases are treated the same way. The California statute of limitations for these lawsuits is two years from the date of discovery. This is true whether your accident was the fault of a private individual or a large company.
The two-year limit can be restricting for many people. When you’re in the middle of recovering from a severe injury, the last thing you want to do is navigate the legal system. If your injury requires long-term treatment, two years can pass in the blink of an eye. Still, if you miss the two-year date, you cannot file a lawsuit about your accident.
Once negligence has been discovered, there’s only one way to pause the timer. A lawsuit needs to be handled within the state that the accident occurred. If the party responsible for the accident leaves the state, the claim can’t proceed.
This is known as a “tolled” or paused claim. Once that person returns to the state, though, the claim can proceed, so the statute of limitations timer is unpaused. Other reasons for tolling the statute of limitations include if the other party is:
- In prison
- Under the age of 18
- Considered “legally insane”
Government Entity Personal Injury Cases
The other type of personal injury lawsuit is one against a government entity. The statute of limitations for injuries caused by government entities is just six months. Government entities include:
- County, city, state, and district governments
- Public agencies like police departments
- The University of California,
- Public schools
Essentially, if you were hurt by any public institution’s negligence, your window to sue is just half a year. It’s critical to begin the process as soon as possible to make sure you don’t miss your chance to receive the damages you need.
How to Make Sure You Don’t Miss Important Deadlines
Unless you can prove delayed discovery, you have a strict period that determines when you’ll be able to sue. If you miss the statute of limitations window, you cannot file a lawsuit or receive damages.
You need to take action quickly if you want to guarantee that you have your day in court. Here’s how to make sure you don’t miss this essential deadline.
- Get medical treatment immediately after an accident. Medical care is essential whether or not an accident is caused by someone else’s actions. Still, prompt medical treatment is crucial to start a paper trail regarding your injury. Some diagnoses evolve over time, and they may not be the same a year in the future. Your medical records will prove that you suffered the injuries you claimed at the time of the accident.
- Determine whose negligence caused your accident as quickly as possible. If there’s any doubt about who caused your accident, you need to clarify that immediately. Your window to sue is significantly shorter if your injury was caused by a government entity, so it’s critical to know this from the start.
- Talk to a qualified personal injury lawyer when you suspect your injury was due to negligence. Next, you need to talk with a trained attorney as soon as you believe you may have a personal injury case. Experienced accident lawyers will help you get the ball rolling on your claim right away, so you don’t miss any deadlines.
Don’t Miss the Deadline for Your Personal Injury Lawsuit
If you’ve been hurt in an accident, you deserve help paying for your medical care and the time you need to recover. That’s why these lawsuits exist. However, depending on how you were hurt and who was responsible, you may have as few as six months to sue.
If you’re concerned about missing the deadline, you should get help. An experienced personal injury lawyer will understand how to get your case to court within the deadline. They can also help you work with the legal system, so you don’t have to face the stress alone while you’re still recovering. You can learn more about how a great lawyer will help your case by scheduling your consultation today.
