What is the Statute of Limitations for Personal Injury Claims?
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By
Allen Semelsberger Kaelin, LLP
<p dir="ltr"> <a href="/Practice-Areas/Personal-Injury.aspx">Personal
injury</a> claims must be filed within a certain amount of time
to be considered viable. This time limit is known as the statute of limitations.
The statute of limitations for personal injury claims is different in
every state. It is important to be aware of the statute of limitations
in the state where you would like to file a personal injury claim, so
you can be sure that your claim will be filed on time. </p> <h3
dir="ltr">California Personal Injury Statute of Limitations</h3>
<p dir="ltr">In California, there is a 2-year statute
of limitations on personal injury claims. Personal injury claims must
be filed within the 2-year window. If a claim is not filed on time, it
will most likely be denied and unable to move forward. This limit is generally
pretty strict; however, there are some exceptions that allow claims to
be filed after the 2-year window has run out.</p> <h3 dir="ltr">Exceptions
to the Personal Injury Statute of Limitations in California</h3>
<p dir="ltr">The state of California allows some exception
to the statute of limitations on personal injury claims. If your case
fits any of these scenarios, and it has been longer than 2 years since
an accident occurred, you may be granted an expansion on your claim.</p>
<p dir="ltr">In California, plaintiffs are permitted to
file a personal injury claim outside of the statute of limitations if
they did not discover the cause of their harm until after 2 years have
passed. For example, a person may be injured because of unsafe property
conditions in their neighborhood. However, they may not realize that the
conditions that caused their injury were the result of their landlord’s
negligence. Two and a half years later, the injury victim may discover
the true cause of the harm. In this case, they may still be permitted
to file a claim despite the expiration of the statute of limitations.</p>
<p dir="ltr">An extended statute of limitations is also
granted to people who were under the age of 18 at the time they were injured.
Additionally, the courts may make an exception to the statute of limitations
if the defendant was not in the state or was otherwise absent at the time
the claim could have been filed.</p> <p dir="ltr">
The legal team of <a href="/About-Us.aspx">Allen, Semelsberger
& Kaelin LLP</a> can help you file a personal injury claim
if you or a loved one was injured because of another person’s
negligence. <a href="/FAQ.aspx">Contact us</a> today
to discuss the details of your case. </p> <p dir="ltr">
<strong>To schedule a free consultation with <a href="/Our-Attorneys.aspx">our
attorneys</a>, complete our <a href="/Contact-Us.aspx">contact
form</a> or call 888.998.2031.</strong> </p>
