As an accident victim, one of the most important laws to be aware of is the statute of limitations. This critical law dictates how long you have to file a personal injury lawsuit following an accident. If you don’t file your case within this timeline, any subsequent filing can be dismissed, and you can lose your chance to recover compensation through the courts.
What Are the Statutes of Limitations?
Statutes of limitations are strict timelines by which you must file certain types of cases. They apply to criminal charges as well as civil cases.
Statutes of limitations help ensure that cases are filed within a reasonable time. Evidence may become less reliable as time goes on. It can get lost or destroyed. Witnesses’ memories may fade. By having statutes of limitations, the state ensures that cases are brought promptly. Additionally, statutes of limitations exist to ease the anxiety of defendants who benefit from knowing that victims don’t have an unlimited time to make a Carlsbad personal injury claim against them.
Statutes of Limitations for Various Types of Personal Injury Cases in California
Most personal injury lawsuits in California have a statute of limitations of two years. This statute of limitations applies to the following types of cases:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Accidents involving defective products
- Slips and falls
- Premises liability accidents
- Dog bites
- Nursing home abuse
- Wrongful death
Some claims may have shorter statutes of limitations. Medical malpractice claims have a one-year statute of limitations. Claims against the government must be filed within six months of the accident. Workers’ compensation claims must be reported to an employer within 30 days and filed within one year of the injury.
Some claims have longer statutes of limitations. For example, property-damage only claims have a three-year statute of limitations. Victims of childhood sexual abuse have no statute of limitations if their abuse occurred on or after January 1, 2024. For abuse that occurred before that date and before the victim’s 18th birthday, the claim can be filed until the victim turns 40 or within five years of discovering psychological injury caused by the abuse. The statute of limitations is ten years from the date of the assault or three years from realizing injury due to the assault if it occurred after January 1, 2024 and after the victim’s 18th birthday.
When Does the Statute of Limitations Begin?
In most situations, the statute of limitations begins on the date of the accident. So, for most cases, you must file a Carlsbad accident lawsuit within the second anniversary of the accident. However, there are times when the statute of limitations is tolled or paused. For example, if the person injured in the accident is a minor, the statute of limitations does not typically begin until the child turns 18. However, birth injury cases must be filed by the child’s 8th birthday. The statute of limitations may be tolled in cases where the injury is not immediately discovered. In Carlsbad wrongful death cases, the statute of limitations begins on the date of death, not the date of injury.
Contact Our Personal Injury Lawyers for Legal Assistance Today
If you were injured due to someone else’s negligence, call Miller & Steele Law Firm at (760) 840-5221 or contact us online for a free case review.