Experiencing a personal injury can be a traumatic event, often giving victims post-traumatic stress disorder and life-altering injuries. Understanding the California personal injury statute of limitations is essential for anyone who has suffered injuries due to another party’s negligence.
It’s normal to want to seek legal justice and compensation for your pain. While money cannot change what happened, it can lift some of the financial burden.
Experienced Personal Injury Attorneys
Thon Beck Vanni Callahan & O’Connor is a California-based personal injury law firm dedicated to achieving positive results for our clients. We understand the lifelong trauma involved with serious injuries, so we work to protect the legal rights of California residents. We provide flexible appointment options and focus on clear communication to guide clients through the California personal injury laws.
Our team includes:
- Gregory R. Vanni, managing partner and former president of the Pasadena Bar Association
- Kevin K. Callahan, partner and president-elect of the Pasadena Bar Association
- Daniel P. Powell, partner and member of multiple trial lawyer associations
- Michael P. O’Connor, trial attorney
- Raffi H. Ohanian, who focuses on catastrophic injuries, product liability, and toxic torts
Understanding California’s Personal Injury Statute of Limitations
Under California Code of Civil Procedure Section 335.1, it’s required that most personal injury claims be filed within two years from the date of injury. For those filing claims against government agencies, such as in car accidents involving a city bus, you’ll have six months from the date of the injury to file a claim with that specific agency.
California courts strictly enforce these deadlines; if you fail to file within the designated timeframe, it will most likely mean a case dismissal.
The Importance of Filing Early
For those involved in a personal injury incident, filing promptly is vital to your case’s success. A major reason for this is the preservation of evidence. Over time, physical evidence at the scene of the injury can be altered or lost.
For example, skid marks may be cleaned away or property repaired, which can get rid of proof of negligence. Photos and videos taken shortly after an incident are far more reliable than those captured weeks later.
Witness memories also fade. Eyewitnesses may forget key details or become unavailable as time passes. Statements recorded soon after the incident tend to be more accurate.
Because of government delays, early filing can enable you and your attorney to quickly gather comprehensive medical documentation. It also helps when consulting accident reconstructionists or medical professionals who can provide testimony.
Court schedules and procedural requirements can add extra time to a case. Starting the claim process early can prevent additional delays related to discovery and motions. This reduces the risk that your case may miss important deadlines. Be sure to hire a Pasadena personal injury lawyer to manage these crucial deadlines during your case.
Why Hire a Personal Injury Lawyer From Our Firm?
Our team has decades of experience in securing favorable outcomes for our clientele. We customize our strategies to fit every unique case. Our attorneys represent individuals injured in a wide range of cases, including:
- Traffic and transportation accidents. In California, there were 4,428 traffic deaths in 2022.
- Defective products. Tom Beck and Greg Vanni secured a $23.2 million recovery in one case, which was partly settled and partly decided by a jury verdict.
- Dog bites. This is more common than you’d think, with 48,596 California emergency room visits for dog bites in 2022.
- Traumatic brain injuries. Kevin Callahan secured a $412,000 settlement against the City of Sierra Madre, along with a trial verdict against a neighboring property owner. These were for a traumatic brain injury sustained when our 75-year-old client tripped on an uplifted sidewalk caused by a nearby tree.
- Construction site incidents. In 2023, there were 78 fatalities on construction work sites in California.
- Slip and fall injuries. Dan Powell and Michael O’Connor won a $7,094,003 verdict for a client burned by an electrical arc flash, resulting in permanent injuries.
FAQs
Q: Can the Statute of Limitations Be Extended in California?
A: In some cases, the deadline to file can be extended through a process called tolling. Tolling means that the time during certain situations does not count toward the statute of limitations. For example, if the person filing the claim is a minor, the deadline is paused until they turn 18. Tolling makes sure people who cannot file claims immediately still have the opportunity to seek compensation within a fair timeframe.
Q: What Types of Evidence Are Important in Personal Injury Cases?
A: Important evidence in personal injury cases includes photos and videos of the accident scene, which help show how the incident occurred. Police or incident reports provide official accounts of the event. Medical records document the injuries and treatments received. Witness statements and expert testimony can explain the details of the incident.
Q: Can I Settle a Personal Injury Claim Out of Court?
A: Most personal injury cases in California are resolved through out-of-court settlements, which means both parties agree to resolve the matter without going to trial. Settlements can happen through private negotiations or alternative dispute resolution methods, like mediation, arbitration, or conciliation. These processes are generally less costly than a trial. Your attorney can evaluate any settlement offers to be sure they fairly cover your damages before you agree.
Q: What Should I Do Immediately After an Accident?
A: Prioritize your health and safety by seeking medical care right away, even if you don’t think you’re injured. Internal injuries can take longer to appear. Report the incident to authorities if necessary, and document the scene with photos. Collect contact information from witnesses and other parties involved. Do not admit fault or apologize. Contact a personal injury attorney promptly to discuss your legal options.
Contact Our Personal Injury Attorneys
You and your loved ones deserve justice. Let our skilled team take over the legal process so you can focus on healing and emotional well-being.
If you have suffered an injury and are considering pursuing legal action, contact Thon Beck Vanni Callahan & O’Connor. Our team provides clear guidance on the statute of limitations and the legal steps you must take. Reach out today to discuss your case in California.