If you’ve been injured in an accident and have grounds to take legal
action and pursue compensation, it’s important that you think of
the statute of limitations for filing a lawsuit. If you miss the window
of time given to file a lawsuit, you may be denied to seek justice for
the injuries you’ve sustained from your accident. In this blog,
our Los Angeles personal injury attorney explains the time limits for
filing a personal injury lawsuit.
Statute of Limitations for Personal Injury Claims in California
The statute of limitations in California for filing a personal injury case
gives an injured individual two years from the day the injury was sustained
to bring forth a claim. In those two years, the person taking legal action
must go to court and officially file a lawsuit against the parties who
could be responsible. If for whatever reason, you do not get to the courthouse
within the two years, it’s highly unlikely that the court will even
hear your case; there are limited circumstances where the statute can
be tolled – you need to consult a knowledgeable lawyer if it is
more than two years since the accident, in order to determine if one of
these exceptions apply.
Claims Against Governmental Entities.
If your claim is against a city, county, or government agency in California,
the statute of limitations are somewhat difference – there is a
time limit of 6 months to bring your claim forward by filing a claim,
and you must adhere to a strict set of rules and regulations. There are
exceptions where the claim can be filed late, up to one year after the
accident if it meets the limited circumstances where late claims are allowed.
When a claim is denied, the lawsuit must be filed within 6 months of the
rejection letter. Because of the unique obstacles faced when pursuing
a personal injury lawsuit against a governmental entity, you should not
take legal action without an experienced and skilled attorney by your side.
Medical Malpractice Claims
There are special rules that apply to medical malpractice claims. The statute
of limitations for filing a claim is one year. A letter must first be
sent to the medical provider giving notice of the claim and potential
lawsuit. If the letter is sent within the last 90 days before expiration
of the one year statute of limitations, then the one year period is extended
by 90 days.
As is evident from the above brief discussion, statutes of limitations
can be tricky and failure to comply with them can be fatal to your claim.
There are many other statutes of limitations for special circumstances
and exceptions where under limited circumstances the statute might be
extended or tolled. It is important that you hire a knowledgeable lawyer
who can make sure that you do not lose your rights by failing to timely
present your claim.
Injured? Learn How We Can Help
At Biren Law Group, our dedicated legal team are active participants in
prestigious bar associations and trial lawyer organizations. We are constantly
educating ourselves on the latest litigation strategies in order to better
serve our clients. Because we firmly believe that our clients deserve
unparalleled legal representation, regardless of their finances, we accept
all cases on a contingency-fee basis. We understand that making the right
choice in representation can be a daunting endeavor – as our client,
you can be confident that we will use our 40 years of legal experience
to protect your rights and successfully advocate on your behalf.
Our Los Angeles personal injury lawyers have secured more than $500 million
in compensation for injured Californians. Let us handle your legal burden
so you can focus on healing.
We’re ready to hear your story. Call us today for a free, no-risk
consultation at (310)-896-4345.