How Long Do I Have To File a Personal Injury Lawsuit in California?
When filing a personal injury lawsuit there are several things you will want to keep in mind. If you sustain an injury from a car accident caused by someone else’s negligence, you could be eligible to file a lawsuit and be compensated for your damages. Learn more about types of damages here. In order to be compensated you must either file a claim with the insurance company or a personal injury lawsuit in your states civil court. By filing with an experienced personal injury lawyer you are more likely to get the compensative you deserve.
As a victim of personal injury in California, you have the right to file a personal injury lawsuit, but only within a certain timeframe. This timeframe is legally known as the “Statute of Limitations.” Knowing how Californias statute of limitations works for personal injury can you help you better understand your rights and avoid trouble with your claims down the road. B|B Law Group has an award winning team of personal injury lawyers with excellent experience. We can help you navigate the complexities of your personal injury lawsuit.
What are The Statute of Limitations in California?
In every sate there is a deadline when it comes to trying to claim compensation for your damages. The California Statute of Limitations (SOL) is the rule that every victim has to follow when it comes to how long they have to file a lawsuit. In California, for personal injury, the victim typically has two years from the injury. There are a few exceptions to this.
- If the victim in a minor, the 2 years doesn’t start until they turn 18.
- Claims against a government agency has an SOL of 6 months
- The SOL for a medical malpractice claim can vary between 1-3 years based on the unique circumstances.
If you want to learn more about the Step by Step look at the personal injury lawsuit process click here.
What happens if you miss the Lawsuit deadline?
Basically, if you miss the deadline to file, your case will be dismissed. The courts make very few exceptions to this rule. If you don’t file in 2 years, your case will be dismissed with prejudice. Basically this means you won’t be able to file a lawsuit for this case ever again. It doesn’t matter how strong your case was, or how much compensation you should have received in damages. Nonetheless, if you miss your deadline, the case is no longer relevant.
What about Insurance Claims?
It is important to understand that insurance claims differ greatly from personal injury lawsuit claims. If you have been injured in a car accident, you should should file an insurance claim as soon as possible. Unlike the California Statute of Limitations, most insurance companies only allow claims to be filed within days or a few weeks after the accident.
Speak to a California Personal Injury Attorney
When you’ve been injured in an accident, you may feel overwhelmed and unsure of what to do next. Following the accident you might be able to recover damages by filing a personal injury lawsuit. Consulting with an experienced personal injury attorney can help you navigate the complexities of the legal process.
At B|B Law Group, our goal is simple: preserve and protect the legal rights of the people of Southern California. Our award winning team of attorneys are experienced in the fields of personal injury, employment and habitability law, and it is our mission to provide our clients with the best legal representation.
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