Posted in Personal Injury on May 8, 2025
Each state imposes strict timelines for legal action to recover compensation for damages resulting from a personal injury. Failing to act within the statute of limitations can prevent you from recovering the potential financial resources available in a Long Beach personal injury lawsuit. However, some exceptions may apply to your case, allowing more or less time to take legal action.
Pausing the Statute of Limitations for California Personal Injuries
California Courts may pause or toll the time you have to file a civil action for your injuries if specific exceptions apply. Tolling the statute of limitations extends or shortens the California personal injury statute of limitations in the following situations.
The Injured Party is a Minor
California’s age of majority is 18. A tolling of the statute of limitations occurs for minors injured in an accident. Pausing the statute of limitations allows the time limits to begin on a California personal injury survivor’s 18th birthday, allowing two years from that time to file a personal injury claim in most instances.
A Mental or Physical Incapacity Exists
The same law extending the time that minors have to file a civil action for personal injury in California also applies to individuals who lack the mental or physical capacity to make decisions. Having an incapacitating mental or physical impairment or suffering an impairment because of a personal injury tolls the statute of limitations until an individual can legally make decisions. A conservator or legal guardian may act on the injured party’s behalf to seek compensation for catastrophic injuries.
A Delay Exists in Discovering the Injury
Your injuries from an accident or medical procedure in California may not be immediately apparent to you. The discovery rule (CASI 455) pauses the statute of limitations to allow for time to reasonably discover your injuries. The discovery rule often applies to Long Beach medical malpractice claims and healthcare negligence.
A Defendant Leaves the State
The person causing your injuries in an accident may leave California for various reasons or to escape legal action before you file a lawsuit. A defendant’s absence does not end your legal rights. California Code tolls the statute of limitations until the defendant returns to the state.
You File a Claim Against the State of California
Employees of the State of California, a governmental branch, or an agency may be liable for your injuries in an accident. For example, an on-duty government employee may injure you in a car crash. When this occurs, you must file a claim with the state within six months of your injuries.
The state should respond to your claim within the legal deadlines. If they reject your claim or fail to respond, you may file a civil action in court. Act quickly to recover compensation for your injuries and secure the potential to take legal action.
Why Does a California Personal Injury Statute of Limitations Exist?
A statute of limitations strives to prevent the courts from suffering under the weight of ongoing legal battles. Additionally, supportive documentation becomes more challenging to obtain as time passes. Time limits also provide a date that removes the burden of potential legal obligations from a defendant, allowing them to proceed with life without fearing legal recourse.