Hogan Injury > Blog > Ask a lawyer > Statute of Limitations for Personal Injury Claims

Statute of Limitations for Personal Injury Claims

QUESTION:

I was shot in a bar a little over 2 years ago, after an argument with another person. Is it too late to file a personal injury lawsuit?

ANSWER:

Generally, the statute of limitations for a personal injury claim, such as assault, battery, or injury caused by negligence or wrongful act of another, is two years from the time the cause of action has accrued (CCP § 335.1). Ordinarily, a cause of action “accrues” when, under the substantive law, the wrongful act is committed and the liability arises.

This means that the action should be filed within 2 years from the time of accrual; otherwise, the claimant will be barred from pursuing the action.

When filing a claim for personal injury, different statutes of limitations may apply depending on the nature of the complaint. For this reason, it is best to consult, as soon as possible, with a lawyer who is an expert in personal injury cases if an injury is sustained, to know if there is a possible case before the time for filing a complaint tolls.

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