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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The Law Offices of Hogan Injury will provide you with personalized attention and guidance. Protecting your rights is our main objective. We have been representing clients for the past 30 years and our experienced team of attorneys will advise you of the legal consequences of every decision you take.