How Long Do You Have to File a California Dog Bite Lawsuit?
How Long Do You Have to File a California Dog Bite Lawsuit?
If you have been injured in a dog attack, you are likely focused on your physical and emotional recovery. Dealing with medical appointments, healing from wounds, and managing the trauma of the event are your immediate priorities. However, it is crucial to be aware that your right to seek legal compensation is limited by time. In California, there is a strict deadline for filing a personal injury lawsuit, and missing it can mean losing your ability to recover damages forever.
This critical deadline is known as the statute of limitations. Understanding how it applies to your dog bite case is essential for protecting your legal rights. While the general rule is straightforward, there are important exceptions that can change the timeline. Here’s the good news- it takes one call and no money to hire the experienced team at Walch Law and not miss the deadline. We are here to take this very important part of your recovery off your plate so you can focus on your physical and emotional healing. Call California dog bite lawyers Robert and Gary Walch today to learn more: 1-844-999-5342
California’s Two-Year Statute of Limitations
For most personal injury cases in California, including those involving dog bites, you have two years from the date of the injury to file a lawsuit. This means if a dog bit you on May 15, 2025, you would have until May 15, 2027, to file a formal lawsuit in court.
This two-year window applies to claims against private individuals, such as the dog’s owner. The clock starts ticking on the day the bite occurs. If you fail to file your lawsuit within this period, the court will almost certainly dismiss your case, regardless of how severe your injuries are or how clear the owner’s fault is. The statute of limitations is a firm and unforgiving rule.
Important Exceptions to the California Two-Year Rule for Dog Bite Lawsuits
While the two-year deadline is the general standard, there are a few key exceptions that can alter the timeline.
1. Injuries to a Minor
When a child under the age of 18 is bitten, the statute of limitations is “tolled,” or paused. In these cases, the two-year clock does not start running until the child’s 18th birthday. This means a minor who was bitten has until their 20th birthday to file a lawsuit. This exception gives the victim time to reach adulthood and decide for themselves whether to pursue legal action.
2. Claims Against Government Entities
In the rare event that a dog owned by a government agency (such as a police K-9 unit) is responsible for your injury, the rules are much stricter. Before you can file a lawsuit against a government entity in California, you must first file a formal “Notice of Claim.” This notice must be filed within six months of the date of the injury. If you miss this short deadline, you will lose your right to sue. Make this shorter deadline and your case can be worth a significant amount of money with Walch Law.
Why You Shouldn’t Wait to Take Action
Even with a two-year window, it is never a good idea to wait until the last minute to contact an attorney. Acting quickly after a dog bite is crucial for building a successful case.
- Preserving Evidence: Key evidence can disappear over time. Witnesses may move or their memories may fade. The dog’s owner might move away, or the dog itself might be rehomed or euthanized. An attorney can act quickly to document the scene, interview witnesses, and preserve crucial evidence before it is lost.
- Thorough Investigation: Building a strong case takes time. Your legal team needs to gather medical records, animal control reports, and evidence of the dog’s history. Starting this process early allows for a more thorough investigation.
- Negotiating a Settlement: Most dog bite claims are resolved through a settlement with the owner’s insurance company without ever going to court. However, negotiations can take months. Starting the process early provides ample time for your attorney to negotiate a fair settlement. If the insurance company is uncooperative, it leaves enough time to file a lawsuit before the deadline expires.
Best California Dog Bite Law Firm For YOU
If you or a loved one has been the victim of a dog bite, do not delay. Contact an experienced personal injury attorney at Walch Law as soon as possible to discuss your case. We can help you understand the specific deadlines that apply to your situation and take immediate steps to protect your right to compensation. 1-844-999-5342