HOW LONG DO I HAVE TO FILE A LAWSUIT IF I AM INJURED UNDER CALIFORNIA’S PERSONAL INJURY LAWS?
Posted on Wednesday, June 1st, 2016 at 12:58 am
Have you been hurt by a defective produce? Did a distracted driver cut you off and cause a car accident? Did a commercial truck driver who has driven too many hours cause a crash? Were you injured in a store after falling because of a dangerous condition the store did not fix? If so, you may have a personal injury claim against the party responsible for your accident.
Under California’s personal injury laws, you may be entitled to compensation for your losses, injuries, and damages but you must act quickly or you may lose your right to file a lawsuit for your personal injury claim.
What is a Statute of Limitations?
Each state has its own statute of limitations that restricts the amount of time a person has to file a lawsuit for a personal injury. The time varies from state to state and varies based on the type of claim. A statute of limitations is intended to prevent injured victims from waiting many years to file a lawsuit because evidence can be lost or destroyed and eyewitness testimony is not as reliable over a great deal of time. The statute of limitations encourages accident victims to bring their claims in a timely manner to protect themselves and to protect potential defendants. If you fail to file a lawsuit before the expiration of the statute of limitations, you lose your right to recover compensation for your injuries.
What is the Statute of Limitations in California?
California’s statute of limitations requires you to file a personal injury lawsuit within two years from the date of the injury. If the injury was not discovered right away, you have one year from the date of the injury to file your lawsuit. However, there are exceptions to the general two-year rule to file a personal injury lawsuit in California.
For example, if the injury was due to medical malpractice, you only have one year to file a medical malpractice lawsuit in most cases. In a few cases, you may have up to three years; however, you should not rely on this exception. Another example involves a minor. When a minor is injured, you have until the child turns 18 years of age (in most cases) to file a personal injury lawsuit.
Lawsuits involving government entities is another exception to the two-year rule. If you are filing a personal injury claim against a government entity, an administrative claim must be filed within six months from the date of the injury. The procedure for appealing a denial and ultimately filing a lawsuit depends on the claim. You should consult an experienced Sacramento personal injury attorney as soon as possible after an injury regardless of the type of accident or the severity of your injury to preserve your right to file a personal injury lawsuit.
Call Our Office For A Free Consultation
You do not need to wonder if you have a claim, we offer a free consultation so that you can get answers to your questions and decide how you want to proceed regarding an accident claim. If you have been injured, do not wait too long to file your claim. Call the Tiemann Law Firm by calling (916) 999-9000 or chat with a representative on our website to schedule your free legal consultation.