When someone harms, damages, or causes some type of loss to you, it is your right to file a personal injury claim against them. Filing the claim on time, correctly filling it out, and knowing the ways in which you can be compensated are all important factors. In the past few years, there have been significant changes to California state personal injury laws, and especially in 2024, including how long you have to file and how you may be compensated. The landscape can feel bumpy at first if you’re filing for the first time, but it can become easier to navigate once you understand the new laws.
Types of Damages in Personal Injury Cases
If you’ve experienced harm due to negligence or liabilities, you must first explain what kind of damages you’ve experienced when filing a personal injury claim. Three types of damages include physical, emotional, or psychological. Some common types of personal injuries are car accidents, wrongful death, slip and fall accidents, product liability, dog bites, and motorcycle accidents. Your defense of your harm is based on evidence, so even if you don’t feel hurt, get seen by a doctor in any case, and right away. Your medical records may help you with your case. Keep a personal record of exactly what happened, including dates, times, and any photos or videos you have of the incident. If the accident happened in public, try to get witnesses and testimonies of your incident as well. The longer you wait, the harder it becomes to file with accurate information, even though California has extended their time limit.
Statute of Limitations in California
Before 2024, the statute of limitations in California for personal injury claims was two years from the date of the injury. This means that if you do not file your claim within two years, you lose the right to claim damages, with few exceptions. Contrary to some misconceptions, California has not extended this period to three years. The statute of limitations for most personal injury cases, including car accidents, slip and fall injuries, and other negligence-based incidents, remains two years under California Code of Civil Procedure Section 335.1.
However, there are exceptions that may extend this time frame:
Delayed Discovery Rule: In certain cases where the injury was not immediately apparent, the statute of limitations begins when the injury is discovered or should have reasonably been discovered.
Claims Against Government Entities: If the party responsible is a government agency or employee, you must file an administrative claim within six months before pursuing a lawsuit.
Minors and Tolling: If the victim is under 18 or legally incapacitated, the statute of limitations may not begin until the disability ends (e.g., when the victim turns 18).
These rules ensure that claims are filed in a timely manner, while providing flexibility in situations where harm is discovered later. Always consult the specific statute or a legal expert to ensure compliance with the deadlines.
Non-Economic Damages
New laws passed for personal injury also include a cap on non-economic damages for medical malpractice injuries. Non-economic damages are incidents that have resulted in physical harm, such as disfigurement, pain or impairment, emotional distress, or loss of companionship. A cap is a number that may not be exceeded for how much someone may be compensated according to their damages. In the previous system, California had no cap on economic damages, such as lost earnings, or medical bills, but had a $250,000 cap on pain and suffering damages no matter how many healthcare providers were to blame. With the new cap, California’s patients that have been injured due to medical malpractice is now $350,000 with a 10% increase over a ten year period until $750,000 is received. Compensation for wrongful death begins now at $500,00 with an increase to $1 million over the course of ten years.
If you are in the unfortunate position of needing to file a personal injury claim, know your options and how to proceed. Gathering evidence and preparing a case might be made easier with more time on your side, and new laws on compensation.
Best So. Cal Personal Injury Attorney
At Borhani Law Group, we understand that navigating personal injury claims can be overwhelming, especially with the complexities of California’s statute of limitations and evolving laws. As a dedicated personal injury firm in California, we are committed to helping you through every step of the process, from gathering evidence to ensuring your claim is filed on time. Whether you’ve suffered injuries from a car accident (including Uber and Lyft), slip and fall, dog bite, or medical malpractice, we’re here to fight for the compensation you deserve. Contact us today for a free consultation, and let us guide you toward justice.
Sources:
law.usnews.com
latimes.com
leginfo.legislature.ca.gov
forbes.com
selfhelp.courts.ca.gov
openai.com
