California child injury statute of limitations can be confusing, especially if you are not familiar with the law. This blog post will discuss the statute of limitations for child injury cases in California and provide some tips on when to take action.
If your child has been injured due to someone else's negligence, it is crucial to seek legal help right away. The sooner you take action, our Orange County injury lawyer advises, the better your chances of obtaining a favorable outcome in your case.
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What Is the Statute of Limitations for Child Injury Cases in California?
The statute of limitations refers to a specific time frame within which you must file a lawsuit in court against the person or entity that caused your child's injury. If you do not file within this time frame, then your case will be barred from proceeding in court.
In California, the statute of limitations for child injury cases is two years from the child's 18th birthday. This means that you have two years from the date of your child's18th birthday to file a lawsuit in court. However, it is essential to note some exceptions to this rule.
In medical malpractice cases, sexual abuse cases and cases involving public entities, the statute of limitations has different rules.
Although you can wait until after the child's 18th birthday in some cases, it's always better to speak with an attorney and pursue a lawsuit sooner rather than later.
It is important to note that the statute of limitations only applies to civil cases, not criminal ones. This means that even if you do not file a lawsuit within the statute of limitations, the person or entity who caused your child's injury may still be charged with a crime.
Why Is it Important to File Within the Statute of Limitations?
The statute of limitations is important because it sets a specific time frame for filing a lawsuit in court. If you do not file within this time frame, then your case will be barred from proceeding in court.
This is why it is vital to seek legal help as soon as possible after an injury occurs. If you wait too long to take action, then your case may not be able to proceed in court.
When Is the Statute of Limitations "Tolled" or Paused?
The statute of limitations is "tolled" or paused when the injured party is a minor. This means that the time frame within which you must file a lawsuit in court will be paused until the injured party turns 18 years old.
However, there are some situations when this rule does not apply. For example, if the person or entity who caused your child's injury is a government agency, then the statute of limitations will not be paused.
What Types of Damages Are Available in Child Injury Cases?
When it comes to child injury cases, two types of damages are available: economic and non-economic.
Economic damages include things like lost wages and medical expenses. Non-economic damages include pain and suffering or loss of enjoyment of life.
To receive compensation for your child's injuries, you will need to prove that the defendant is legally responsible for causing those injuries. If this can be proven, you may receive a monetary award for both economic and non-economic damages.
What Are Some Tips on Taking Action Within the Statute of Limitations?
If you have been injured as a result of someone else's negligence, it is important to take action within the statute of limitations. Here are some tips on taking action within the statute of limits:
- Gather evidence and documentation related to your case
- Contact witnesses who can provide testimony about what happened in court
- File a lawsuit in court within the applicable time frame
- Seek damages for your child's injuries
- Get help from a personal injury lawyer to navigate the legal process
