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When Should I File a Personal Injury Lawsuit in California?

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You will likely feel confused, scared, and anxious after an accident. You should immediately contact local law enforcement to seek medical attention. You may be eligible to file a personal injury lawsuit if another party is negligent. You should be aware that California has deadlines for injury claims.

It can be difficult to understand California’s statutes of limitations. Tenina Law, an experienced personal injury law firm, can help you navigate the claims process and answer all questions.

What Is The Statute Of Limitations?

Limitations laws are laws that limit the time parties can start legal proceedings. This law encourages accident victims to file a claim as soon as possible. An injured party could file a claim for damages decades after an accident if there is no statute of limitations. California has strict deadlines for filing claims to ensure that the process is fair for both sides.

What Is The Maximum Time I Can File A Personal Injury Claim In California?

California has specific deadlines for different types and types of claims. Personal injury victims can file a claim against the negligent party within two years of the date of the accident. California has several examples of personal injury cases.

  • Car crashes
  • Collisions between pedestrians
  • Bicycle accidents
  • Slip-and-fall accidents
  • Motorcycle accidents
  • Trucking accidents

You run the risk that a judge will dismiss your case and an insurer denies your claim if you don’t file a claim within this time limit. Too many accident victims wait until they are fully recovered before filing a claim. The reality is that injuries can get worse over time. It’s not uncommon for injuries to become more severe. Both your claim and your health will be affected in the end.

Time Limit to File A Personal Injured Claim Against The Government

California law allows personal injury claims against government agencies to be filed within two years. You have only six months to file an administrative case against the California state, city, or local government if you need to file a claim. You have six months to file a court lawsuit if the agency denies your claim. You have two years to file a claim if the agency doesn’t respond.

Are There Exceptions To California’s Statute Of Limitations?

California courts might extend or waive the statute of limitations in certain situations. If a minor is involved, the court can suspend the time limit. Once the minor turns 18, the court can rescind the time limit. The statute of limitations may be extended by a court if the party is in prison, out of state, or mentally incapacitated. The statute of limitations can be extended if the person returns to the state, leaves prison, or regains mental capacity.

Talk To An Experienced Personal Injury Attorney In California Today

Personal injury cases can be complicated. You could miss out on the necessary compensation to pay medical bills and lost wages if you don’t pay attention to one detail. You should speak with an experienced California personal injury lawyer.

This article was written by Alla Tenina. Alla is a top personal injury attorney in Los Angeles, and the founder of Tenina law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.