How Long Do I Have to File an Injury Claim after an Accident in California?

If you have been injured in an accident in California, it is important to know how long you have to file a personal injury claim. The statute of limitations determines the time frame that you have to make a legal claim against someone else. It is essential to understand this law to ensure that you don’t miss out on your right to pursue legal action and receive compensation for your damages. Let’s take a look at the statute of limitations for personal injury in California. 

General Statute of Limitations for Personal Injury in California

In general, the statute of limitations for personal injury claims in California is two years from when the accident happened. This means that after two years from the date of the accident, you will no longer be able to file a lawsuit against any responsible parties. This deadline applies regardless of whether you know who was responsible for causing the accident or if there were multiple people involved. The two-year limit begins on the date when the accident occurred and ends two years later, regardless of when any medical diagnosis is made about the injury caused by the accident. 

Legal Action Against Government Entities in California

If your injury was caused by a government entity or employee, such as a municipality or law enforcement officer, then it is possible that you may have additional time to file your claim. If this applies to your case, then it is important to note that California requires claimants filing suit against government entities to provide written notice within six months of the incident occurring, or before their lawsuit can be filed in court. Additionally, any lawsuits brought against state and local entities must be filed within one year and ninety days from when the incident occurred, unless otherwise stated by law. 

Death Resulting From Personal Injury Accident

If someone dies due to injuries sustained during an accident, then their family members may still pursue legal action under what is known as “wrongful death” laws. In this situation, family members can sue for damages, including medical bills associated with care given prior to death, and lost wages due to lost future employment opportunities resulting from the death. When pursuing wrongful death claims regarding an injury-related incident, there is typically a two-year statute of limitations which begins either on the date of death or from when it was discovered that negligence played a role in causing it – whichever comes first.  

Even though understanding statutes of limitation are very important, they are also complex and vary depending on state laws and other factors like type of case and who was involved in causing an injury-related incident. Before filing any kind of legal action related to any kind of personal injury incident, consulting with an experienced lawyer would be advisable, so they can give you sound advice based on applicable local laws pertaining to your individual case. It’s best not wait until last minute, as most states have strict deadlines imposed upon filing certain types of civil cases. Filing an injury claim too late could mean losing your opportunity forever. Contact the Law Offices of Scott Righthand for a consultation before it’s too late to file an injury claim to get the compensation you deserve.

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Posted on: April 7th, 2023

Date Of Posting

17 April,2023

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