What is the Statute of Limitations for Filing a Dog Bite Lawsuit in California?

Have you suffered a dog bite injury in California? If so, you may have a right to pursue compensation through a personal injury lawsuit.

However, California law imposes strict deadlines on when you can file a claim after an accident. These are known as statutes of limitations—which is generally two years from the date of the injury. Miss the deadline, and you may lose your right to sue forever.

At LA Dog Bite Law, we have extensive experience helping injury victims understand California’s statute of limitations for personal injury claims. We know how confusing legal deadlines can be, especially when you’re focused on recovering from your injuries. This article provides a comprehensive overview of the key deadlines and exceptions so you can make informed decisions about preserving your right to take legal action after an accident in California.

The Purpose Behind Statutes of Limitations

Statutes of limitations exist for both criminal charges and civil lawsuits. These laws essentially put deadlines on legal action. In a civil case, like a personal injury claim, the statute of limitations requires an injured person to file a lawsuit within a certain time period after the incident took place.

The length of the limitations period varies by state and according to the type of case. In California, the statute of limitations for most personal injury claims is generally two years from the date of the injury. There are some exceptions, which we will discuss below. But in general, you need to file your personal injury lawsuit within two years or your case will likely be dismissed.

There are a few important reasons why statutes of limitations exist:

Preserve evidence. Memories fade, witnesses disappear, documents are lost. The quality of evidence deteriorates over time, making it harder to prove a case. Short statutes of limitations encourage prompt filings while evidence is still fresh.
Promote prompt case resolution. Lingering legal claims create uncertainty. Statutes of limitations prod all parties to resolve disputes in a timely manner.
Provide closure. Defendants need to be able to move on. Short statutes of limitations ensure claims from the distant past don’t suddenly resurface.
Prevent fraudulent claims. Scammers have a harder time bringing false claims years after alleged incidents occurred when records and witnesses may no longer exist.

While their intentions are good, these rigid time limitations can sometimes produce unjust results. Many accident victims do not realize how quickly the clock is ticking on their right to sue.

The General 2-Year Statute of Limitations

Under California Code of Civil Procedure §335.1, you typically have two years from the date of injury to file a lawsuit seeking damages for personal injuries.

This two-year statute of limitations applies to the majority of accident and injury claims in the state, including:

Dog bites
Slip and fall accidents
Medical malpractice
Car accidents

The date when the statute of limitations starts running depends on when the “injury” took place.

For example, suppose you were attacked by a dog on June 1, 2020. You would need to file your personal injury lawsuit on or before June 1, 2022. If you miss this deadline, the defendant can seek dismissal of your case based on the statute of limitations.

Exceptions that Extend the Time to File

While the standard statute of limitations for personal injury claims is two years in California, there are some key exceptions and extensions.

Common situations when the deadline gets pushed back include:

Discovery rule – The statute of limitations only begins when you discovered (or reasonably should have discovered) your injury. This often applies to illnesses with a long latency period, like asbestos-related mesothelioma.
Minors – For injured plaintiffs under age 18, the statute of limitations is tolled, or paused, until they turn 18. Then they have two years to file.
Defendant absent from state – If the defendant leaves California, the statute of limitations clock stops running until they return.
Insanity – The deadline is also paused if the plaintiff is considered legally insane when the injury occurs.
Claims against government – Special statutes apply to personal injury claims against government agencies. More on this below.

Because California law contains so many nuances and exceptions regarding statutes of limitations, having an experienced personal injury attorney review your case is extremely important. They can analyze when your particular statute of limitations expires based on factors unique to your case.

There Are Special Rules for Suing Government Entities

One major difference in personal injury statutes of limitations involves claims against government agencies and employees. Under the California Tort Claims Act, you typically have just six months to file a personal injury claim against a state or local government entity.

This abbreviated six-month deadline applies to accidents involving city buses, public schools, government-operated medical facilities, roads and highways, law enforcement agencies, and other governmental bodies and employees.

Failing to submit your claim to the appropriate government agency within six months can forever bar you from compensation. The rules get even more complex if you need to sue the federal government, with strict administrative claim requirements.

Because suing a public entity involves such a short statute of limitations and tricky notice rules, having an attorney experienced with the Tort Claims Act guide you through the process is essential.

Preserving Your Right to Sue After an Accident

Now that you understand the tight time constraints statutes of limitations place on filing personal injury claims in California, here are some steps you can take to make sure your right to recover damages is protected:

1. Document the Accident and Your Injuries

Create a paper trail documenting what happened and the harm you suffered. This includes obtaining police reports, medical records, witness statements, photographs, video footage, and other evidence that can help prove liability down the road.

2. Seek Medical Care Right Away

Get prompt medical treatment and follow all doctors’ orders. Gaps in treatment can make it look like you weren’t seriously injured. Your medical records also help verify damages.

3. Consult an Attorney Immediately

Contact an experienced California personal injury lawyer as soon as possible after an accident. Your attorney can then evaluate liability, preserve evidence, negotiate your claim, and file a lawsuit if needed – all within the statute of limitations. Don’t wait.

Act Now to Protect Your Right to Compensation

Have you or someone you love suffered a dog bite in California?

The clock starts ticking as soon as the injury happens, but an experienced lawyer can help you preserve your right to recover damages.

At LA Dog Bite Law, our sole focus is helping injury victims recover the maximum compensation they deserve under the law. If you or a loved one has suffered an injury anywhere in California, please contact us for a free consultation. The sooner we can start building your claim, the better!