Legal Question in Personal Injury in California

What is the statute of limitations in a multi car accident?


Asked on 6/04/10, 10:02 pm

3 Answers from Attorneys

Mark Storm Law Office of Mark Storm 916-739-8552

In California, the general statutes of limitation are as follows:

Personal injury = 2 years (CCP 335.1)

Property damage = 3 years (CCP 338)

A statute of limitation clock usually starts at the time the plaintiff discovered or should have discovered the injury (usually the date of the accident).

The clock stops for a particular defendant if that defendant goes out of state (even on a one-week vacation or a weekend camping trip). The clock starts again from where it left off for that defendant when that defendant returns to the state. (CCP 351)

Disclaimer: My response to questions in this forum does not constitute legal advice, nor legal representation, or any attorney-client relationship whatsoever. The information provided is general and requires specific legal advice from an attorney with more knowledge of all relevant facts. Do not rely upon the information provided as legal advice or as the basis for making any decisions of legal consequence.

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Answered on 6/05/10, 9:07 am
Mark Storm Law Office of Mark Storm 916-739-8552

Actually, there are exceptions to the out-of-state rule, so just make sure you follow the basic limitation period and don't screw around with any out-of-state clock stops.

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Answered on 6/05/10, 10:33 am
Mark Storm Law Office of Mark Storm 916-739-8552

Oh, and if you plan on making a claim against the government, you may need to submit your claim to the government within as little as 6 months. (For example, one of the cars in the accident was a government car or employee.)

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Answered on 6/05/10, 11:34 am


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