How Will the Statute of Limitations Impact the Outcome of My Case in CA?

When you are injured in an accident, it can feel like a whirlwind of trying to heal while also exploring your legal options. Unfortunately, many want to take time following an incident to heal and return to normal before exploring legal options. However, you should note that waiting too long can result in the statute of limitations expiring, leaving you unable to fight for the compensation you deserve. If you’re unsure what this statute is or why you should connect with a Contra Costa personal injury lawyer, you’ll want to keep reading. The following blog explores these matters in further detail.

What Is the Statute of Limitations and What Function Does It Serve?

In both criminal and civil law, a statute of limitations is in place that determines when legal action may be taken against another party.

When you are involved in an accident in which you are injured and sustain damages, you will have a limited amount of time to pursue compensation for the losses you’ve endured. This period is known as the statute of limitations.  If you fail to file your claim within the period, you will lose the right to pursue compensation, as the claim will not be handled because it has expired.

The primary purpose of the statute of limitations is to help protect the rights of both parties involved by ensuring cases are brought forth in a timely manner. This helps prevent evidence from getting lost or damaged and helps preserve memories to ensure fairness.

In California, the statute of limitations to file a claim for an injury and subsequent damages is two years from the date on which the accident occurred. This means if you are injured on January 1, 2025, you have until January 1, 2027, to file a claim against that negligent party.

Are There Any Exceptions?

While the statute of limitations is generally strict, there are a number of exceptions that can be made. Generally, one of the most common is that injuries or illnesses are not immediately apparent. For example, if you are the victim of medical malpractice, you may not notice the injury immediately, as it could take time to develop after a procedure.

Additionally, the statute of limitations is passed for minors who sustain an injury until they turn 18. This ensures they have the means and ability to pursue a claim for an injury they sustained as a child.

As you can see, the statute of limitations plays a critical role in ensuring that both victims and defendants have the right to a fair trial. If you have sustained an injury, it’s in your best interest to connect with an experienced attorney with O’Connor Law APC to explore your legal options. Our team will do everything in our power to help you recover the compensation you deserve for the injuries you’ve sustained.