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Do You Know What Your Personal Injury Statute of Limitations Is?

California Statute of Limitations for Personal Injury Cases

The Statute of Limitations (“SOL”) in California personal injury cases is generally two years from the date of the incident which gave rise to the claim. This means that before the two-year mark you must file a lawsuit against the at-fault party if you have not already reached a settlement of your claim by that date.

However, there are some factors that can reduce the two-year time frame, such as the following:

  • The at-fault party is a government entity: This reduces the SOL notice period to six months from the incident date.
  • The negligence is due to medical malpractice: This reduces the claim time frame to one year.

“Fun” Fact: If you are being transported in a medical transport vehicle or ambulance and get into an accident, that is the fault of the medical transport driver. California law classifies such incidents as medical malpractice, which means you must file a lawsuit within the one-year time frame!

COVID-19 Changes to California SOL

Governor Gavin Newsom has recently implemented executive orders regarding Statute of Limitations in California, which toll (extend) the statute of limitations.

Emergency Rule 9 applies to the statute of limitations and it was amended on May 29, 2020 as follows:

  • Suspended from April 6 to October 1: The statutes of limitations and repose for civil causes of action that exceed 180 days
  • Suspended from April 6 to August 3: The statutes of limitations and repose for civil causes of action that are 180 days or less.

More information on emergency rules related to COVID-19 can be found here.

If you need help determining what the statute of limitations is on your claim, whether you have a viable claim, or to have a lawyer analyze your potential claim, please call our Ventura personal injury attorneys for a free consultation at (805) 438-2440. Contact Richard | Bartlett Lawyers today to learn more about the California statute of limitations for personal injury cases.