Two – Year Statute for Injury or Death Actions

Victims of personal injury or wrongful death actions must be aware of the time frame to which their claims may be brought.  Generally, there is a two-year statute of limitations to file suit for “assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.  See Cal. Civ. Code § 335.1.  The time usually begins to when the injury is accrued whether the plaintiff is ignorant of the cause of action or the identity of the tortfeasor. See fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal. 4th 797, 80-809.  However, the discover rule may act to postpone the accrual if under certain circumstances the plaintiff is delayed in discovering that he/she has been injured. Thus, knowledge of the injury is important.

If you or a loved one has been injured, contact one of our personal injury attorneys today for a free consultation and case evaluation.