California Personal Injury Statute of Limitations

How Long Do You Have to File a Personal Injury Claim in California?

California's personal injury statute of limitations sets a strict time period in which a lawsuit must be filed. The basis for the time restriction is that the longer the period of time from the date of the injury to the lawsuit, the less dependable and available evidence tends to be. Additionally, people have the right to reach a point where they can trust that a lawsuit will not be filed against them.

California’s personal injury statutes of limitations are:

• General personal injury: If you were harmed by another person’s negligence, you have two years from the date of your injury to file an action. There are some limited exceptions to this time limit, so it is important to discuss your individual situation with a personal injury lawyer in Oxnard or throughout Ventura or Santa Barbara County.
• Medical malpractice: If you are harmed by medical malpractice, you generally have either three years from the date of the injury or one year from the date of the discovery of the injury, whichever comes first, to file a lawsuit. It is important to note that if you could not have discovered your injuries in time to file (like a surgical instrument left in your body), or fraud concealed the malpractice, the statute of limitations does not work against you and your cause of action is not time-barred.
• Intentional acts: If you are harmed by the intentional acts of another person, you have one year to file an action. Examples include lawsuits for slander, libel, or false imprisonment. You have two years to file if your personal injury claim is the result of assault and battery.

If you are in an accident caused by another party’s negligence, it is important to seek the counsel of skilled personal injury attorneys regarding the best strategy and timing for the filing of your claim. At Crane Flores, LLP, we provide compassionate and professional representation for people injured in accidents. We know that the law can be confusing, especially the statute of limitations and its exceptions, so we help you understand how the law applies to your unique circumstances. Our Oxnard personal injury lawyers can walk you through each step of the process in asserting your claim, and we strive to get you full and fair compensation for your injury.