What is the statute of repose for a brain injury case?

The statute of repose for a brain injury case in California is three years. This means that a plaintiff must file a lawsuit within three years of the date of the injury or risk having their claim barred. This three-year deadline applies even if the plaintiff was unaware of the injury until years later. The statute of repose exists to protect potential defendants from having to defend stale claims that may be hard to prove due to lost witnesses or evidence. The statute of repose for a brain injury case can be extended in certain circumstances. If the plaintiff is a minor or was legally incapacitated, then the statute of repose is tolled until the child attains the age of majority or the legal incapacity is removed. Additionally, if the defendant fraudulently concealed the cause of the injury and this prevented the plaintiff from discovering it within the three-year timeline, then the statute of repose may not apply. Brain injuries can have serious and long-lasting effects, so it is important to understand the statute of repose when filing a lawsuit. California law is clear that a plaintiff must file within three years of the injury, so it is best to contact a brain injury lawyer as soon as possible if you or someone you know has suffered from a brain injury.

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What is the statute of repose for a brain injury case?

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