Statutes of Limitations Related to Injury Claims

There are two very important dates a personal injury victim must keep in mind following an accident. These dates relate to the time by which a lawsuit must be filed in order to protect the injured person’s ability to pursue the responsible party should a settlement not be achieved. The fist date relates to any property damage that occurred during the accident (see Understanding the Value of Your Property Damage After an Accident). California law provides that an individual has three years from the date of damage to the property to file a lawsuit (see California Code of Civil Procedure Section 338). Typically, following an injury accident, reimbursement for property loss occurs relatively quickly because the value of a particular piece of property (or the cost to repair it), is easily identified. For example, a quick internet search will reveal the market price of the damaged property based on the average of hundreds of similar vehicles of that make/model. Because of this, there’s little debate over how much the property is worth. However, the process gets a bit more complicated if liability is disputed or there are multiple parties who are responsible for the car, truck or motorcycle collision. In such a scenario, the at-fault parties insurance carriers will come to an agreement as to the share of liability for which each party is responsible. So long as there is uncertainty as to who was at-fault or disagreement over the liability split, the at-fault parties will not pay out anything to cover the cost of repairs/replacement or rental car fees (see Car Accident? What Kind of Insurance Do You Have/Need?). The second important date relates to one’s ability to pursue a claim for his/her personal injuries. California law does not provide as much time for personal injury claims as it does for property damage claims. Under California law, an injured person has only two years from the date of the injury to bring suit, or risks being forever barred from seeking compensation from the at-fault party (see California Code of Civil Procedure Section 335.1). There are always exceptions or special rules as they relate to statute of limitations (i.e., the victim was a minor, the injuries were not discovered until after the accident, etc.), so be sure to discuss them with your personal injury attorney. Realize, you may still be treating for your injuries or require extensive additional treatment even after two years has elapsed following the accident, but your personal injury attorney will have to file a lawsuit (if your case has not settled) in order to protect your ability to obtain compensation from the at-fault party.