Legal Question in Personal Injury in California

Yes, but you must file suit within two years of when the injury occurred.

Yes, but you must do it quickly. It must be done ONE YEAR from the time it occured (not two years) In California.

Joel Selik

For a long time, personal injury cases had a one year limitations period. That is no longer correct. California Civil Code section 335.1 reads: 335.1. Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.

I should add, however, that Mr. Selik is of the opinion that the one-year limitations period for medical malpractice would apply. I disagree, but the hospital would most certainly make that argument. Given there is no benefit to delaying, and regardless of who is correct, it would be prudent to take action within one year.

You have two years to take action on any personal injury like this. If you have substantial enough injury and damages to justify getting an attorney to bring your claim, feel free to contact me.