If you are pursuing a personal injury lawsuit in California, one of the first things you need to consider is the statute of limitations. Although this might sound like a complicated legal concept, the basic idea is quite simple. Essentially, the statute of limitations can make or break your case before it even begins. For someone who has never navigated the legal world, this can seem like a daunting process. But the most important thing to remember is that if you act quickly and get in touch with a lawyer at your earliest convenience after an accident, the statute of limitations should not affect you in the slightest.
That being said, it still makes sense to learn a little about the statute of limitations, including how it works and when it applies to personal injury lawsuits. This is especially helpful if your accident occurred many years (or even decades) ago, and you are wondering whether you might still have the opportunity to sue. Learning about the statute of limitations lets you move forward and contact a personal injury lawyer in California with a sense of confidence. So, what is the statute of limitations all about?
What is the General Concept of the Statute of Limitations?
The statute of limitations is a concept that runs through the entire legal system – from the Supreme Court of the United States right down to the district-level civil courts across California’s many counties. The concept is simple: You can only take legal action within a certain time limit after the alleged incident took place. Note that this applies to not only personal injury cases but also criminal cases.
One of the first things that people have to figure out when they approach a lawsuit or a criminal prosecution is whether the statute of limitations even allows them to move forward. If the statute of limitations has expired, the court will not hear the case. It is that simple. However, the statute of limitations becomes quite complex when you consider a few points.
Firstly, the statute of limitations varies depending on the specific type of legal action. In other words, the “time limit” may be different depending on whether you are filing a personal injury lawsuit or whether you are pressing criminal charges against someone. Furthermore, the statute of limitations may vary depending on the specific type of personal injury lawsuit (more on this later). In addition, there are some exceptions to the statute of limitations. When you pay close attention to the statute of limitations, you will see that it is technically possible to file a personal injury lawsuit many years or even decades after the injury occurred.
To summarize, the statute of limitations is simply a time limit. If this time limit expires, you will (for the most part) struggle to take legal action and file your personal injury lawsuit.
How Does the Statute of Limitations Work When I File a Personal Injury Lawsuit?
The statute of limitations prevents people from filing personal injury lawsuits after a certain amount of time passes. If the statute of limitations has expired, there may be nothing you can do to pursue compensation. This is one of the many reasons it is so important to take legal action and get in touch with an attorney as soon as possible. The sooner you book that crucial first consultation, the quicker you can get started with the legal process.
That being said, there are a few notable exceptions. In some cases, it may be possible to sue after the statute of limitations has expired. We know this because of the careful wording of the law. The statute of limitations makes it very clear that the time limit only applies after you become aware of your own injuries. In other words, the clock only starts ticking when you find out that you are injured.
This might seem like a ridiculous idea at first. You might be wondering how someone could possibly be unaware of their own injuries – especially if these injuries are life-changing and serious. As it turns out, this can happen in many different ways:
- Comas: The classic example is a coma. After the accident, you may fall into a coma or be placed in a medically-induced coma. You may remain in this comatose state for many years – perhaps even decades. During this time, you are unaware of your own injuries. This means that when you wake up from your coma, you are fully entitled to pursue a personal injury lawsuit. This is because you only became aware of your injuries when you woke up.
- Toxin Exposure: Another common exception involves exposure to toxic, radioactive, or otherwise harmful materials. Workers, military personnel, tenants, and many other victims may be exposed to these materials without fully realizing it. They may then develop a medical condition that presents no symptoms until many years have passed. For example, someone who worked with asbestos for many years might suddenly receive a cancer diagnosis at a relatively young age. They may then connect the dots, realizing that this injury was related to their work. Under these circumstances, it would theoretically be possible to file a personal injury lawsuit (or a workers’ comp claim).
- Memory Loss: Some injuries cause memory loss. The most obvious example is probably a head injury that causes amnesia. Victims of these injuries may regain consciousness with no memory of the actual accident. For example, they might wake up on the side of the road or in a hospital bed. They may be perfectly entitled to sue, but these victims may become confused about what has happened. They might assume that they simply fell asleep, despite suffering a serious head injury. If these victims later realize what really happened, they may be able to sue even after many years have passed.
- Memory Repression: In some cases, people may lose memories as a result of psychological trauma rather than head injuries. For example, they might repress a traumatic memory of a sexual assault that they suffered as a child. These situations have made headlines lately, with many states opening “lookback windows” that allow adult victims to sue for incidents during childhood. For example, someone may be able to sue the Catholic church for incidents they suffered during childhood – even though the statute of limitations would normally prevent these lawsuits after so much time has passed.
Statutes of Limitations for Various Types of Personal Injury Lawsuits
As previously noted, the statute of limitations may change depending on which specific type of lawsuit you are filing. It is important to understand these time limits, as the statute of limitations may be much shorter than normal under certain circumstances:
- Normal Personal Injury Lawsuits: According to California law, personal injury lawsuits have a statute of limitations of two years unless otherwise noted. This includes slip and fall claims, auto accidents, product liability, wrongful death, negligent security, dog bites, and so on.
- Suing a Government Agency for Injuries: It’s very important to move quickly when suing a government agency. This is because the statute of limitations is extremely short in this situation. Under California law, you have just six months to sue the government for causing an injury. This means that you barely have enough time to properly heal from a serious injury before taking legal action. But when exactly might you sue a government agency for causing an injury? There are many possibilities:
- Slipping and falling on government premises
- Car accidents involving government vehicles (USPS trucks, police cars, fire trucks, ambulances, etc.)
- Excessive force committed by police officers
- Exposure to chemicals due to government actions
- Medical Malpractice: If you are suing a healthcare provider for medical malpractice, the statute of limitations is just one year. In other words, you have half the normal time limit compared to most personal injury lawsuits.
Where Can I Find an Experienced Personal Injury Attorney in California?
If you have been searching for an experienced personal injury attorney who can help you pursue compensation for your accident in California, look no further than Miracle Law, APC. Over the years, we have handled numerous personal injury lawsuits. We know that the statute of limitations can sometimes prove to be a sticking point for injured plaintiffs, but it does not necessarily prevent you from receiving the compensation you need and deserve.
If you have suffered a recent injury, your best bet is to book a consultation with us as soon as possible to get the ball rolling. Act quickly, and there is no reason to worry about the impact of the statute of limitations. On the other hand, you may still have the ability to sue if your accident occurred many years ago. The only way to know for sure is to speak with a legal professional who can offer personalized advice based on your specific situation. Remember, internet research can only get you so far. Reach out today to get started with an effective action plan.