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?
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.