If you have suffered an injury in California, one of the most important factors to consider is the statute of limitations. You may have heard of this concept before, and it applies to virtually all forms of legal action in the State of California. In the context of personal injury lawsuits, it has the power to prevent injured victims from pursuing compensation in some situations. That being said, plaintiffs who act quickly can avoid this consequence. How does the statute of limitations work? How does it affect your injury claim? This article will strive to answer these questions and many others.
What is the Definition of the Statute of Limitations?
The statute of limitations is a time limit, plain and simple. This law states that if you wait too long, you cannot take legal action. In the context of a personal injury lawsuit, this means that if plaintiffs delay after suffering injuries, they may lose the ability to pursue compensation altogether. Once the statute of limitations “expires,” civil courts will refuse to hear your case.
Not All Injury Claims Follow the Same Statute of Limitations
It is worth mentioning that the specific “time limit” may vary depending on the specific type of injury you have suffered. In other words, there are different statutes of limitations for different situations. Here are a few examples:
- Most Injury Lawsuits: Most injury lawsuits adhere to a two-year statute of limitations. These include car accidents, product liability, premise liability (slips and falls), and dog bites.
- Injury Lawsuits Against Government Agencies: Injury lawsuits against government agencies adhere to a different set of time limits. According to the Judicial Branch of California, a claim made against a government agency is associated with a shorter statute of limitations. Depending on the circumstances, this may be just six months or one year. Examples of injury claims against the government include injuries on government property, police brutality lawsuits, car accidents involving government vehicles, and so on.
- Medical Malpractice: Finally, medical malpractice adheres to its own unique statute of limitations. In this situation, the statute of limitations may be just one year – half of the time limit for most other injury cases.
It is important to take the appropriate steps depending on the specific circumstances of your accident. For example, even a few months of delays can prevent you from filing a claim against a government agency. Do not assume that you have years to file your injury claim. Speak with a qualified injury attorney as soon as possible to determine your timeline and the most appropriate next steps.
What if You Only Find Out About Your Injury Years After the Accident?
Technically speaking, the statute of limitations in California only takes effect after you become aware of your own injuries. In other words, the clock only starts ticking when you notice that you have been injured. While it might seem unreasonable for someone to suffer a serious injury and yet fail to notice it, this is actually more common than you might assume.
There are numerous examples of situations where people do not or cannot notice their own injuries:
- Comas: After a serious accident, victims may slip into comas either naturally or through medical intervention. For example, a car accident victim may suffer a serious head injury that puts them into a coma. In other situations, medically induced comas may be necessary to save victims. Sometimes, people remain in comas for many years – even decades. Upon regaining consciousness, coma victims may discover the extent of their injuries. The statute of limitations only takes effect after this moment of discovery.
- Amnesia: Sometimes, head injuries may cause victims to lose all memory of their accidents. While victims may not slip into comas, they may still fail to remember the exact details. For example, they may simply wake up in a hospital with serious injuries without any memory of the previous 24 hours. In this case, victims may slowly regain their memories. It is only after victims regain memories of their accidents that the statute of limitations applies.
- Toxic Exposure: Some injuries take a very long time to take their full toll on the human body. A classic example is periodic exposure to a toxic chemical or substance – such as asbestos. Decades may pass before victims are diagnosed with serious, often terminal illnesses associated with this exposure. At this point, they can still move forward with an injury claim despite the fact that the initial exposure occurred many decades prior. Again, it all has to do with the concept of awareness.
- Suppressed Memories: In some cases, injured victims may also suppress their memories in a completely subconscious manner. This is usually associated with particularly traumatic accidents and injuries. When plaintiffs regain memory of these incidents, they can move ahead with their injury claims despite the expiry of the statute of limitations.
- Medical Malpractice: Plaintiffs may also be completely unaware of medical malpractice injuries until many years have passed. For example, a surgeon might accidentally leave a foreign object inside a patient. Decades later, a CT scan or X-ray might reveal the presence of the object. Once again, the statute of limitations does not take effect until after the patient becomes aware of the injury.
What Should I Do If I Was Injured in California?
If you have been searching for a personal injury attorney in California, look no further than the Miracle Law, APC. We understand that it can be difficult to plan your next move after a traumatic accident. Book a consultation at your earliest convenience, and you can rely on qualified injury lawyers to pursue compensation on your behalf before it is too late. Reach out today to get started.
