Hildebrand McLeod & Nelson LLP - Hildebrand McLeod & Nelson LLP
Representing Plaintiffs Since 1926

Call To Speak With An Attorney

COVID-19 Update: Hildebrand McLeod & Nelson LLP operations are uninterrupted. Our attorneys are available to both existing and potential clients. We are still conducting consultations via video conference and telephone. Contact us today for your free consultation.

Image from an actual HMN case, reproduced with permission

What is the statute of limitations for personal injury?

| Mar 16, 2018 | Premises Liability |

Premises liability cases in California often fall under the area of personal injury. It could be someone came on your property and fell on ice, getting injured. Perhaps someone fell down your front steps on your porch and was injured. Whatever, the case may be, it is premises liability because you are responsible for damages that occur on your property, but it comes under personal injury law. With this area of law comes a statute of limitation, which according to California Courts, is how long a person has to file a lawsuit against you for the damages. 

The statute of limitations may vary and can actually be delayed. A delay is called tolling of the statute of limitations. It may occur when the person who was injured is unable to engage in a lawsuit. For example, if the injured person is underage, the statute of limitations may be delayed until that person reaches the age of 18. 

Another complexity of a personal injury case that affects the statute of limitations is when the injury is discovered. If it is an injury that takes time to show up or where symptoms may be delayed, the timer on the deadline to file may not begin when the injury occurs. Rather, it could start when the injury is discovered. 

In general, though, the statute of limitations on a personal injury claim begins when the injury occurs. In California, someone would have two years from that point to take you to court for damages. This information is for education and is not legal advice. 

If you have suffered injury on someone’s premises, it is important to know when the statute of limitations expires because once it does you lose the rights you had to pursue a claim for compensation. Exactly when the deadline expires may vary depending on numerous factors. Therefore, if you find yourself in this unfortunate situation, we recommend that you consult with an attorney without delay.