How the Statute of Limitations Differs by Case Type
Understanding how the statute of limitations works is crucial for anyone considering a legal claim after an injury or wrongful death. The statute of limitations sets a strict deadline for filing a lawsuit, and missing that deadline can permanently bar recovery. At the Law Offices of Keith J. Stone, we have helped clients across Southern California protect their rights and pursue fair compensation since 1986. Each case type has its own time limits under California law, so knowing when to act is vital.
The General Rule for Personal Injury Cases
In California, most personal injury claims must be filed within two years of the date of injury. This rule applies to incidents such as car accidents, slips and falls, and dog bites. The time frame ensures that evidence remains available and that witnesses can recall details accurately. If a claim is not filed within this period, the court will typically dismiss it, regardless of the strength of the evidence.
A skilled personal injury lawyer can help determine exactly when the statute began to run, as certain circumstances, such as delayed discovery of an injury, can affect the filing deadline. For instance, if someone did not immediately realize the extent of their injuries after an accident, the clock might start when the harm was discovered rather than when the event occurred.
Statute of Limitations for Wrongful Death Claims
Wrongful death cases follow a different rule. Under California Code of Civil Procedure Section 335.1, family members generally have two years from the date of death to file a lawsuit. However, calculating this period can be more complex than it seems. If the cause of death was not immediately known, the statute may begin when the family learns that negligence or misconduct contributed to the loss.
A wrongful death lawyer plays a vital role in helping families understand these nuances and avoid missing critical filing deadlines. Wrongful death cases often involve detailed investigations, so starting early allows your attorney to collect medical records, expert opinions, and financial documentation that support the claim.
If you have lost a loved one or sustained injuries in an accident, visit the firm’s contact page to schedule a consultation and learn how the Law Offices of Keith J. Stone can protect your rights.
Other Case Types and Exceptions
Not every case follows the standard two-year rule. Claims involving government entities, for example, have much shorter time limits. If you are injured on public property or by a government employee, you typically must file an administrative claim within six months before taking the matter to court. Medical malpractice cases may also differ, often requiring action within one year of discovering the injury or within three years of the incident, whichever comes first.
For minors or individuals who are legally incapacitated, the statute may be paused, or “tolled,” until the person reaches adulthood or regains capacity. Because these exceptions vary widely, consulting with a personal injury attorney in San Diego can help clarify which rules apply to your situation and ensure that all filings are completed correctly and on time.
Why Deadlines Are So Important
The statute of limitations serves two purposes: it promotes fairness and preserves evidence. Waiting too long can make it difficult to locate witnesses, secure documents, or reconstruct accident scenes. Courts enforce these deadlines strictly to prevent claims from becoming unreliable due to faded memories or lost records.
Working with an attorney soon after an incident gives your case the best chance of success. The attorney profile for Keith J. Stone highlights more than three decades of dedication to clients in personal injury and wrongful death cases. You can also explore our testimonials to see how past clients describe their experiences and outcomes.
Protect Your Right to Recovery
Missing the statute of limitations can mean losing the opportunity to recover damages entirely. If you suffered injuries or lost a loved one due to negligence in San Diego or anywhere in California, our firm is ready to help. The Law Offices of Keith J. Stone provides experienced legal representation in personal injury and wrongful death cases, guiding clients through every stage of the claims process. Contact us today to speak with an attorney who can help you understand your deadlines and take action before time runs out.
