When pursuing a personal injury case in California, it is important to understand the statute of limitations. Generally, the statute of limitations for personal injury cases in California is two years from the date of injury or discovery of harm to file a lawsuit. If you fail to do so, your case may be dismissed.
It is important to determine which specific circumstances apply to your case and how they will impact your timeline for seeking justice. If you are in the Los Angeles area, it may be beneficial to consult with a Los Angeles personal injury lawyer from J&Y Law to ensure you comply with the applicable statute of limitations.
General Statute of Limitations for Personal Injury Cases in California
In California, a general two-year statute of limitations typically applies to personal injury cases commencing from the date of the injury or the discovery of the harm. You must file your lawsuit within this legal timeline to pursue compensation for your damages. Failure to do so may result in the court dismissing your case, and you’ll forfeit your right to seek legal recourse.
Understanding the statute of limitations is important in personal injury cases. It’s important to act promptly to preserve your claim. You should consult with an attorney as soon as possible to discuss your case and guarantee you meet the filing deadline.
Your lawyer will help you go through the legal process and build a strong case to recover damages for your injury. By being aware of the statute of limitations, you can protect your rights and pursue the compensation you warrant.
For a free legal consultation, call (877) 735-7035
Exceptions to the Standard Two-Year Deadline
You’ll encounter situations where the standard statute of limitations for personal injury cases in California doesn’t apply, and it’s important to understand these exceptions to guarantee you don’t miss your window of opportunity.
Government Entity Claims
Government entities are responsible for maintaining public spaces and providing important services; they can be held liable for personal injuries that occur within their jurisdiction. When you’re injured due to government negligence, you’ll need to follow a specific claim procedure.
You’ll need to file a claim with the government entity within six months of the incident, which is a shorter deadline than the standard two-year statute of limitations. This claim must include specific details about the incident, your injuries, and the damages you’re seeking.
If your claim is denied, you’ll have six months to file a lawsuit. It’s important to understand government liability and the unique claim procedure to increase the chances that you receive fair compensation for your injuries after you’ve been injured due to a government entity’s negligence.
Minor or Disabled Victims
While handling the standard statute of limitations for personal injury cases in California, it’s important to recognize that certain exceptions apply to minor or disabled victims.
As a minor, you have until your 18th birthday to file a personal injury claim, regardless of when the injury occurred. This means the statute of limitations is tolled or paused until you reach legal age. Similarly, if you’re disabled, your statute of limitations may be extended or tolled depending on the nature of your disability.
This guarantees you receive fair representation and protection of your disabled rights. It’s important to consult with an attorney experienced in minor representation to go through these exceptions and ensure your claim is filed within the applicable timeframe.
Steps to Take Before Your Statute of Limitations Expires
If you’ve been injured due to someone else’s negligence, taking the right steps before the statute of limitations expires is important. Missing the deadline can prevent you from recovering compensation, so it’s important to act promptly.
Seek Medical Attention Immediately
Your health should always come first. Even if your injuries seem minor, some conditions like internal bleeding or concussions may not show symptoms right away. Seeking medical care not only protects your well-being but also provides documentation linking your injury to the incident. Medical records serve as key evidence in your claim.
Gather and Preserve Evidence
Strong evidence is important for proving liability and securing fair compensation. Our personal injury lawyers can help you collect and store the following:
- Photos and videos of the accident scene, your injuries, and any property damage
- Police or incident reports
- Witness contact information and statements
- Medical records, treatment plans, and bills
- Any written communication with insurance companies
Keeping organized records strengthens your case and ensures nothing is lost over time.
Be Cautious When Dealing with Insurance Companies
Insurance companies often try to minimize payouts by getting claimants to make statements that can be used against them. Avoid admitting fault or speculating about your injuries when speaking to an adjuster.
Before accepting any settlement offer, ensure it fully covers medical expenses, lost wages, and pain and suffering. A personal injury lawyer can review offers and negotiate for a fair amount. We can help you recover the compensation by negotiating with the insurance company.
We can defend against tactics that are designed to reduce the amount of money you receive for your settlement. These can include:
- Downplaying your injuries
- Requesting excessive medical documentation
- Lowball settlements
- Delaying reviewing your claim
Consult a Personal Injury Attorney as Soon as Possible
Reaching out to a lawyer early in the process helps protect your rights. An attorney can assess your claim, calculate damages, and handle legal filings to ensure everything is submitted on time. Waiting too long could mean losing out on compensation that covers your injuries and financial losses.
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Learn More About the Statute of Limitations For California Personal injury Cases
You now have a clear understanding of California’s statute of limitations for personal injury cases. Typically, you have two years from the date of injury or discovery of harm to file a lawsuit. Promptly consulting an attorney at J&Y Law is important to guarantee compliance with these deadlines and preserve your legal rights.
Contact us today for a free consultation, and we will help you get started with your case.
Call or text (877) 735-7035 or complete a Free Case Evaluation form
