Can Statute of Limitations be Extended in California? 3 Possible Reasons for Tolling

November 20, 2023

Can Statute of Limitations be Extended in California? 3 Possible Reasons for Tolling

The Statute of Limitations can expire before a claim is made

A statute of limitations sets the deadline for filing a lawsuit.

The statute of limitations varies based on the type of claim.

For example, the statute of limitations for a personal injury in California is two years. For government employees, it’s only six months.

A statute of limitations helps prevent long-delayed claims, which could be affected by loss of evidence. Furthermore, people involved in the case may not have as good of a recollection of the events as they would in two years as opposed to, let’s say, 50 years. 

In some occasions, a plaintiff may be able to extend the statute of limitations for their case. These rare situations are almost always determined on a claim-by-claim basis. Examples include:

  • Minors – in the cases of those under the age of 18, the statute of limitations is occasionally extended until the victim becomes of legal age.
  • Prisoners – for victims in jail or prison, the statute of limitations may be extended until the person is released. 
  • Insanity – if an injured party is determined to be “insane”, they might have an extension until they are determined sane.

Sometimes, there may be instances of tolling the statute of limitations. Tolling occurs when the statute of limitations is paused for a period of time. The example given by the California Courts refers to minors. 

Tolling may happen when the person is under 18, essentially putting a halt on their period. The statute of limitations will resume when the period ends.

Some states even tolled the statute of limitations at the start of the COVID-19 Pandemic in 2020. 

If you suffered a personal injury and believe you have a claim, you file as soon as possible.

For those injured on the job seeking workers’ compensation, you should file a claim as quickly as you can, as well as notify your boss of your injury. The longer you wait, the more risk you run of having a claim denied, especially regarding the statute of limitations.

Don't let the Statute of Limitations expire

If you suffer an injury:

  • Remain calm. Try not to panic. Your adrenaline will be high, but more stress can only make matters worse.
  • Call 911. Get paramedics to the scene. 
  • If you feel safe enough to do so, take photos and videos of the incident. For example, if you slipped on a wet surface at work, document the area. This can serve as evidence.
  • If you were involved in a car accident, exchange information with the other driver. Get their name, number, license info, registration, and insurance.
  • Don’t communicate with the other party’s insurance. While it’s unethical, other insurance companies will often try to bully victims into giving information that favors their client. They do not have your best interest. 
  • Contact a personal injury attorney about what happened. You may have a case. If you do, they can help you throughout the process, including dealing with other insurance companies.

Frequent personal injuries can occur from accidents such as:

Common injuries as a result of these accidents include:

  • Back pain and injuries
  • Head injuries
  • Broken bones
  • Cuts and lacerations
  • Scarring or disfigurement
  • Neck pain or injuries
  • Paralysis
  • Wrongful death

Don’t let the statute of limitations expire for your personal injury. Contact the Burbank personal injury attorneys at C&B Law Group today. Our team of San Fernando Valley lawyers are prepared to help you after an injury caused by someone else’s negligence. 

With over six years as a firm, our LA personal injury attorneys are prepared to fight for your right to receive maximum compensation, including damages such as:

  • Lost wages
  • Medical expenses
  • Pain or suffering

Reach out to us today about a free consultation

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