Statute of Limitations for Personal Injury Claims in San Diego

If you’ve been injured in an accident in San Diego, one of the most critical factors affecting your ability to recover compensation is the statute of limitations—the legal deadline for filing a personal injury lawsuit. Failing to act within this timeframe can result in losing your right to seek justice, no matter how strong your case might be. Let’s dive into the specifics of California’s statute of limitations for personal injury claims and why acting promptly is so important.

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What Is the Statute of Limitations?

The statute of limitations is the time limit imposed by law for filing a lawsuit. This timeframe varies depending on the type of claim and the circumstances surrounding the injury.

Personal Injury Cases in California

In most personal injury cases, including car accidents, premises liability, and wrongful death, the statute of limitations in California is:

• Two Years from the date of the injury. (Code of Civil Procedure section 335.1.)

Exceptions to the Rule

Certain circumstances can alter or extend the statute of limitations:

1. Claims Against Government Entities: If your injury involves a government agency (e.g., a city bus accident), you must file a government claim within 6 months of the injury. (Government Code section 911.2.)
2. Delayed Discovery: If you didn’t discover your injury (or the defendant’s wrongdoing) immediately, you may be entitled to tolling, or extending, the applicable statute of limitations.  
3. Minors or Incapacitated Individuals: If the injured party is a minor or legally incapacitated, the statute of limitations may be paused (“tolled”) until they turn 18 or regain capacity. (Code of Civil Procedure section 352(a).)
4. Medical Malpractice: One year after the plaintiff discovers or should have discovered the injury, or three years after the date of injury, whichever occurs first. (Code of Civil Procedure section 340.1.)

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Why Acting Promptly Is Critical

Filing your claim within the statute of limitations is vital, but there are additional reasons to act as soon as possible:

Preserving Evidence

Over time, evidence can be lost, and memories can fade. Acting quickly allows your attorney to:

• Secure witness statements while recollections are fresh.
• Gather surveillance footage or accident scene photos before they are overwritten or lost.
• Obtain medical records and other crucial documentation in a timely manner.

Avoiding Procedural Delays

Building a strong personal injury case takes time. Starting early allows your attorney to investigate thoroughly, consult with experts, and negotiate with insurance companies without risking your legal deadline.

Insurance Company Tactics

Insurance companies often use delay tactics to weaken your case or force you into accepting a low settlement. Hiring an attorney promptly helps protect you from these strategies and ensures your claim is taken seriously.

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Consequences of Missing the Deadline

If you fail to file your lawsuit within the statute of limitations:

• Your Case Will Likely Be Dismissed: Courts are strict about these deadlines, and missing them generally means losing your right to recover compensation.
• Insurance Negotiations May Falter: Once the deadline passes, insurance companies have little incentive to settle since they know you can no longer sue.

These consequences make it essential to consult a personal injury attorney as soon as possible.

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How Hulburt Law Firm Can Help

At Hulburt Law Firm, our San Diego Personal Injury Attorneys know that time is of the essence in personal injury cases. Conor and Leslie Hulburt, award-winning trial attorneys, are dedicated to helping clients in San Diego navigate the complexities of personal injury law. From investigating your case to filing your claim on time, we take care of the details so you can focus on recovery.

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Take Action Today to Protect Your Rights

If you or a loved one has been injured, don’t wait. Contact Hulburt Law Firm for a free, no-obligation consultation. We’ll evaluate your case, explain your legal options, and ensure all deadlines are met.

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Related Content:

• Compensation for Personal Injury Victims in San Diego
• Proving Liability in Personal Injury Cases in San Diego

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