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What Is the Statute of Limitations for Filing a Catastrophic Injury Claim in California?
Catastrophic injuries permanently alter victims’ lives, often requiring extensive medical treatment and creating overwhelming financial burdens. If you have suffered severe, life-changing injuries due to someone else’s negligence, understanding California’s time limits for filing a claim is a crucial component of protecting your legal rights and securing compensation.
Here is what you need to know about California’s statute of limitations for catastrophic injury claims:
- Standard deadline: Two years from the date of injury
- Discovery rule: Timeline may begin when the injury is discovered
- Government claims: Six months to file the initial claim
- Injuries to a minor: Statute is tolled until the victim turns 18
At The Law Office of Scott Righthand, P.C., we recognize the true impact a catastrophic injury can have on your life, as well as the impact compensation can have on your recovery and future. With over three decades of experience in catastrophic injury cases, we can help you navigate deadlines appropriately in pursuit of a better outcome.
Standard Statute of Limitations
Two-Year Filing Deadline
California law requires catastrophic injury victims to file their lawsuit within two years of the injury date. This limitation applies to most personal injury cases, including severe accidents that result in life-altering injuries.
Missing this deadline typically results in losing your right to seek compensation entirely, so it is essential to act promptly after your injury occurs.
Discovery Rule Exception
Sometimes injuries are not immediately apparent. The discovery rule permits the two-year countdown to begin upon discovery of, or in the time you reasonably should have discovered, your injury and its connection to another party’s negligence.
This exception commonly applies in cases involving matters such as toxic exposure injuries or product liability cases with latent injuries.
Claims Against Government Entities
If a government entity or employee’s negligence caused your catastrophic injury, you must file a government tort claim within six months of the incident. This administrative step is mandatory before you may pursue a lawsuit.
Injuries to Minors
When a minor suffers catastrophic injuries, California law tolls, or pauses, the statute of limitations until the minor reaches 18 years old. Once the injured minor becomes an adult at 18, they have two years to file their catastrophic injury lawsuit. This provides time to understand the full impact of their injuries and make informed legal decisions.
Types of Catastrophic Injuries You May Seek Compensation For
Catastrophic injuries generally involve permanent or long-term impairment that prevents victims from working or living independently. Common examples include:
Physical Injuries
- Severe burns: Third- and fourth-degree burns, often requiring extensive surgery and rehabilitation
- Organ damage: Internal injuries affecting vital organs such as the kidneys, liver or heart
- Limb loss: Traumatic amputations or injuries requiring surgical amputation
Neurological Injuries
- Paralysis: Paraplegia or quadriplegia resulting from spinal cord damage
- Traumatic brain injuries: Ranging from severe concussions to permanent cognitive impairment
These injuries can require medical treatment, rehabilitation and ongoing care throughout the victim’s lifetime totaling millions of dollars. Compensation received by way of a catastrophic injury claim can provide much-needed financial assistance.
Protect Your Rights: Act Quickly After Your Injury
Seeking legal counsel promptly after a catastrophic injury is crucial. As time passes, evidence can disappear, witnesses’ memories can fade and insurance companies may begin constructing defenses against your claim.
Early legal intervention helps preserve critical evidence and allows you to meet all applicable deadlines. A Lake Shore catastrophic injury lawyer from The Law Office of Scott Righthand, P.C. can evaluate your case and help you take steps to protect your rights from the beginning. Do not let time run out on your right to justice. Contact our team to discuss your case with a qualified catastrophic injury lawyer today.
