How Long After An Accident Can You File A Lawsuit In San Diego?
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
Summary
- You have a limited amount of time to file a claim in San Diego
- There are exceptions that can shorten or extend the timeline
After suffering injuries in an accident, you may be entitled to begin a civil case against the other party. There are deadlines called statutes of limitations to worry about, however. To give yourself the best chance of receiving a fair settlement, hiring a San Diego personal injury lawyer is the right next step.
San Diego Personal Injury Filing Deadline
How long after an accident do you have to file a claim in San Diego? The statute of limitations in California is generally two years.
Deadline for Property Damage Claims
When beginning a lawsuit involving solely property damage, California grants you three years from the date of the accident. There could be exceptions to this timeline, however, so consulting with a lawyer is always a good option.
Shortened Deadlines if Filing Against Government Entities
As is the case in most states, filing a personal injury claim against government entities requires that you first notify them that you are planning on doing so. That’s because the government must “allow” you to begin a case against it. In California, you must notify the government within six months.
Exceptions That Change the Deadline
One exception is the discovery rule, which allows the timeline to start when you discover that you suffered an injury instead of from the date that the injury actually occurred.
If the plaintiff was a minor or incapacitated when the accident happened, the clock would start running when they turn 18 or when the incapacity is resolved.
If the other party leaves the state and can’t be served with a lawsuit, the statute of limitations is tolled until they return to California. If the defendant engages in fraud or concealment of the injury they caused, then that, too, extends the timeline.
What Happens if You Miss the Filing Deadline?
If you miss the filing deadline, you won’t be able to recover your losses.
Speak With an Experienced Attorney
How long after an accident do you have to file a claim in San Diego? The answer can vary depending on your exact circumstances, so it’s vital that you consult with a lawyer. At ConsumerShield, we can connect you with local attorneys who can fight for your rights. Contact us to get started.
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Frequently Asked Questions
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In California, you typically have three years from the date of the injury, or one year from when you discovered or should have discovered the injury. There may be exceptions.
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No. The tolling can occur if the plaintiff is in prison, however.
