When you have been injured in an accident, the last thing on your mind may be to file a lawsuit. You’re dealing with the incident’s aftermath, which could involve property damage, medical treatment, growing bills, and continuous pain and suffering.
However, personal injury claims have a statute of limitations, so it’s critical to contact an expert personal injury attorney as soon as possible after you’ve been injured. You can contact DLC Law at (626) 285-8815 for a free legal consultation.
California’s statute of limitations
The statute of limitations is the time limit for filing a lawsuit following an accident or injury. This is the amount of time that a person has to sue someone else for their improper or negligent behavior. A judge will dismiss your lawsuit if you do not file it within the statute of limitations, and you will not be able to sue the individual who caused the accident.
There is a good reason for these limitations
While it may appear harsh to dismiss a personal injury case for failing to fulfill a deadline, this regulation makes sense. Witness recollections fade over time, and collecting evidence after a long period of time can be extremely difficult. After a specific length of time, some corporations, government agencies, and hospitals may trash images, videos, papers, or documentation, making it impossible to establish a claim if this evidence isn’t obtained in time. This law also protects defendants from being sued at any moment for something that may have happened many years before.
Personal injury claims in California have a two-year statute of limitations. Unless you were not aware of the injury right away, the clock starts ticking on the date it occurred. When you knew or should have known about the injury, the statute of limitations begins to run. This circumstance may arise in medical malpractice situations; for example, if a doctor unintentionally left a sponge in your body after surgery, but you did not see the sponge until three years later, the statute of limitations would begin to run after you realized what had happened. The statute of limitations is one year from the date of discovery of the injury.
There are exceptions
The statute of limitations can also be tolled or suspended in certain circumstances. This occurs in very specific circumstances, most of which are related to a person’s inability to file a lawsuit for some reason. If a party is found incompetent, the wrongdoer is a kid, or the individual who caused the accident or damage is out of state, this can happen. A knowledgeable personal injury lawyer can examine the facts of your case to see if the statute of limitations has gone.
There are several instances where the statute of limitations for personal injury claims is less than two years, such as when you are suing the federal, state, or municipal government. A personal injury lawyer is the best person to contact if you need to file a lawsuit to protect your legal rights.
The statute of limitations can be difficult to understand. This emphasizes the importance of consulting with an expert personal injury attorney as soon as possible after being hurt in an accident. We offer free initial consultations at DLC Law, and we never charge a fee unless we recover money for you. To schedule a free initial consultation, call (626) 285-8815.