Tag Archives: Personal Injury

Statute of Limits Trap in Uninsured Motorist Claims

The new statute of limitations on personal injury actions sets a trap for the lax personal injury practitioner in auto injury cases. The statute of limitations on a personal injury action has recently been extended to two years. Up to this recent change, it had been one year for longer than most attorneys can remember. The new Cal. Code of Civil Procedure Section 335.1 states, “Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another. [EFFECTIVE 1/1/2003. Added September 10, 2002 (SB 688) (Chapter 448).]”