How Long do I Have to File an Injury Lawsuit?

How Long do I Have to File an Injury Lawsuit?

gavel and stethoscope 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.


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