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California Personal Injury Statute of Limitations: A Quick Guide

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Understanding The Personal Injury Statute of Limitations in California

When it comes to personal injury cases in California, understanding the personal injury statute of limitations in California is of utmost importance.

This quick guide will delve into California’s personal injury statute of limitations, providing insights to help you navigate this critical aspect of the legal landscape effectively.

Statute of limitations in California

What Is the Statute of Limitations?

The statute of limitations is a legal time frame that determines how long you have to file a lawsuit after an incident. In personal injury cases, this timeframe sets a deadline for initiating your claim.

Failing to do so within this timeframe could result in the forfeiture of your right to seek compensation for your injuries.

California’s Personal Injury Statute of Limitations

California’s personal injury statute of limitations typically comprises two primary timelines:

1. General Personal Injury Claims: Two Years

For most personal injury cases, such as those involving accidents, negligence, or intentional harm, you have two years from the date of the incident to file a lawsuit. It’s vital to commence the legal process within this two-year window to protect your entitlement to compensation.

2. Medical Malpractice Claims: ONE OR THREE YearS

In cases of medical malpractice, you are allowed three years from either the date of the injury or one year from the date you discovered, or should have discovered, the injury, to initiate a lawsuit.

Nevertheless, there is a maximum limit of three years from the date of the negligent act itself. This rule is designed to ensure that individuals have a reasonable amount of time to pursue claims against healthcare providers.

Exceptions to the Rule

While these general timelines apply to most personal injury cases, exceptions can alter the statute of limitations in California for personal injury:

  • Minors: If the injured party is a minor (under 18 years old) at the time of the incident, the statute of limitations may be extended. In some cases, it may not begin until they reach 18.
  • Government Liability:  Claims against government entities may involve different procedures and timelines. Usually, you need to file a claim against the government agency within the first six months. Consulting an attorney is crucial when pursuing such claims.
  • Delayed Discovery: In cases where the cause of the injury was not immediately apparent, the statute of limitations may commence from the date of discovery.

Why Timeliness Matters

Understanding and adhering to California’s statute of limitations for personal injury is of paramount importance. Neglecting to initiate your claim within the prescribed timeframes may result in the forfeiture of your right to seek compensation.

This is why it’s critical to consult with an experienced personal injury attorney who can guide you through the legal process, evaluate your case, and ensure that all deadlines are met.

Conclusion

California’s personal injury statute of limitations is a crucial factor when seeking compensation for injuries. This quick guide serves as a starting point for understanding the timelines involved, but legal matters can be complex.

If you’ve sustained an injury and believe you have a valid personal injury claim in California, it is advisable to consult with an experienced attorney who can offer personalized guidance and ensure your rights are protected.

Remember, time is of the essence in personal injury cases, so taking prompt action is paramount.

A person calling his personal injury and lemon law lawyer in California

Count on Tofer & Associates

By providing this comprehensive overview, Tofer & Associates aims to equip you with the knowledge needed to navigate California’s personal injury statute of limitations effectively.  We offer a comprehensive approach to personal injury cases, aiming for just compensation while you focus on recovery. As seasoned litigators, we understand how to secure the justice you deserve.

Contact us today for guidance on your legal rights. You can also call us at 800-291-9000. 

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Excellent service with handling my case from start to finish. Alex and Tofer Associates provided me with exceptional customer care from the initial call. I can’t thank you guys enough for your professionalism, dedication, support, and knowledge in handling my case. A huge shout to Ms. Heidy for her devotion and assistance in every step of the process. If you’re looking for a law firm that will stand by you, represent you, make you feel heard and understood, this is the law firm to go with. Thank you again to the entire staff of Tofer and Associates.

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I got referred by a good friend of mine to give them a call when I was involved in a car accident. They sure helped me out with everything and took care of all the back and forth with insurances and doctor visits all I had to do was show up and send over any bills I had coming my way. Now I would be the one recommending them to anyone who’s in need.

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He also offers free consultation, so don’t hesitate to call and ask questions.

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I was lost trying to just communicate with 2 different insurance companies who were basically ignoring me and the claims for myself and my son. I contacted Tofer and Associates and once Fema became my main contact at the firm I felt an instant relief. She was thorough, kept in constant contact with me, answered all my questions and gave me a level of comfort that I had not felt before.

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Such a great experience with Tofer & Associates, I highly recommend them! Eliza, in particular, went above and beyond for my family in dealing with a car accident and everything that came with it. She offered great support when we needed it the most. I’m truly grateful for this firm. Thank you so much!

Maria Trebino

Tofer & Associates not only made the initial evaluation process easy and convenient, they have stood with me along the way keeping me updated and working with all the medical personnel involved and following up with them thereby minimizing the effort i had to put forth in the quite grueling process of PI resolution. I especially want to thank Cynthia and Aljon who were very attentive to my needs and provided me with the cash advance and property damage reimbursement which I really needed in a timely and expeditious manner. Kudos to the legal team who have managed to make an unfortunate and unpleasant situation quite bearable and personable!

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My experience with Tofer & Associates was great. Chris always kept us informed of every detail throughout the course of our case. Very detail orientated, professional and his follow through was amazing. The Chris & Jeremiah team are a great one. Thank you again for all your hard work!!! Much appreciated and will refer you to anyone needing your professional services in the future.

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I have had great people from Tofer and Associates working my case. Nadia and Lalaine are very empathetic, and answered all my questions as they arose. They completely put themselves in the place of their clients, and are always available to answer questions and resolve all issues that may arise, and you can contact them for anything you may need, and they are always happy to answer them. I really like it when people are dedicated to their work, and have respect towards others. I am eternally thankful for their help.

Rosy la Soprano Arcia

I was involved in an accident a couple months ago & I had the opportunity to work with Eliza and her team who were all great! They handled my case very well & constantly communicated any updates about my case so that I was always in the loop. Despite some complications with my situation itself, every thing was handled so smoothly and efficiently. I wanted to thank Eliza and T&A for everything! Very reliable law firm that I’d recommend to anyone.

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My mom and I have had nothing but AMAZING professional services from the law firm of Tofer and associates.
I highly recommend Jonfer Legaspi. He’s very professional and kept me informed from day one. The office staff worked very hard and always helpful. They answered all of my questions. I also want to thank Jing Asuncion, for all the hard work and dedication. We are very pleased with the settlement and I would recommend them to anyone.

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I was involved in a pedestrian accident on March 2023. I called the lawyer Michael A. Cholodenko from Tofer and Associates Law Firm to represent me.The lawyer and his team were very professional and caring throughout the process. I was amazed when they kept contacting me to se how I was doing. I always believe that employees are the best assests to a company and my C.M. Haidy is the best example of it. Also, I have to mention Carlos. He was very empathetic in the interview.
Kudos to Toffer and Associates!

Maribel Ortega

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