The statute of limitations is a vital feature of the personal injury legal process, as it imposes a strict deadline for filing a claim. Understanding this “prescriptive period” is essential because if you fail to file a claim within this time frame, you may be permanently barred from seeking compensatory damages, regardless of the merits of your personal injury case.
What is the Statute of Limitations for Personal Injury Cases in California?
In California, the statute of limitations for personal injury cases is two years from the date of injury. This means you have two years from the date of the injury to file a claim for personal injury.
The statute of limitations exists so that claims can be filed in a timely manner while evidence is still available and the facts of the case are still fresh in the minds of key witnesses. In addition, a strict time limit for filing a claim for personal injury helps prevent frivolous lawsuits, which can otherwise clog the justice system and waste valuable judicial resources.
Exceptions to the Statute of Limitations
While the two-year time limit is the general rule in California, there are a few exceptions that may apply to your personal injury case.
For example, the statute of limitations for filing a personal injury claim against a government institution is (in most cases) only six months from the date of injury. This is because government agencies enjoy sovereign immunity—in other words, they cannot be sued without the government’s consent. This exception exists so that the government receives sufficient notice of the claim and can better protect its rights.
In such cases, it is vital to consult an experienced personal injury attorney who can help you navigate the statute of limitations and determine the best course of action for your case.
Why is it Important to File Your Personal Injury Claim on Time?
Filing your personal injury claim before the statute of limitations expires is important for several reasons.
First, it ensures that your rights are protected and that you have a valid case. If you take too long to file your claim, gathering the necessary evidence and witnesses to support your case may become difficult or even impossible.
Second, it helps preserve crucial evidence that may be key to a successful outcome. This may include medical records, eyewitness statements, and other forms of evidence that are susceptible to becoming lost or damaged over time.
Finally, timely filing of your claim gives your attorney enough time to review the facts of your case and build a strong case. This can make all the difference when it comes to getting the compensation you deserve for your injuries.
Contact an Orange County Personal Injury Lawyer Today!
If you or a loved one has been injured due to someone else’s negligence in Orange County, contact the Soliman Firm today for legal assistance. Our experienced Orange County personal injury attorneys are here to help you get the justice and compensation you deserve. Call us at (714) 491-4111 or contact us online to schedule a free case evaluation.