California Personal Injury Statute of Limitations
In California, the statute of limitations for filing a personal injury claim is generally two years from the date of the injury. This means that you must file your claim within two years of the date you were injured, or you will lose your right to sue.
There are some exceptions to this two-year statute of limitations. For example, if you were injured as a minor, you have until your 18th birthday to file a claim. If you were injured by a government entity, you have six months to file a claim.
The statute of limitations can have a significant impact on your personal injury case. If you do not file your claim within the two-year statute of limitations, you will lose your right to sue, even if you have a valid claim. It is important to speak to an attorney as soon as possible after you have been injured to discuss your legal options.
Exceptions and Extensions to the Statute of Limitations
There are a number of exceptions and extensions to the statute of limitations for personal injury claims in California. These include:
- Minors: Minors have until their 18th birthday to file a personal injury claim.
- Incompetent persons: Incompetent persons have until one year after the appointment of a guardian or conservator to file a personal injury claim.
- Government entities: Claims against government entities must be filed within six months of the injury.
- Fraud or concealment: If the defendant fraudulently concealed the injury, the statute of limitations does not begin to run until the plaintiff discovers the injury.
- Multiple injuries: If the plaintiff suffers multiple injuries from the same accident, the statute of limitations does not begin to run until the plaintiff discovers the last injury.
Examples of How the Statute of Limitations Can Impact a Personal Injury Case
The statute of limitations can have a significant impact on a personal injury case. For example, if a plaintiff is injured in a car accident and does not file a claim within two years of the accident, the plaintiff will lose their right to sue, even if they have a valid claim.
In another example, if a plaintiff is injured by a defective product and does not discover the injury until after the two-year statute of limitations has expired, the plaintiff will lose their right to sue the manufacturer of the product.
It is important to speak to an attorney as soon as possible after you have been injured to discuss your legal options and ensure that your claim is filed within the statute of limitations.
Role of a California Personal Injury Lawyer
In California, a personal injury lawyer plays a crucial role in protecting the rights of individuals who have suffered physical, emotional, or financial harm due to the negligence or wrongdoing of another party. They provide legal guidance, representation, and support throughout the personal injury claim process.
Hiring a personal injury lawyer offers numerous benefits. They possess specialized knowledge of California’s personal injury laws and can navigate the complex legal system effectively. Lawyers can gather evidence, build a strong case, negotiate with insurance companies, and represent clients in court if necessary.
Choosing the Right Personal Injury Lawyer
Choosing the right personal injury lawyer is essential for maximizing your chances of success. Consider the following factors:
- Experience: Look for a lawyer with a proven track record of success in handling personal injury cases.
- Specialization: Choose a lawyer who focuses on personal injury law and has experience with cases similar to yours.
- Reputation: Research the lawyer’s reputation among clients, colleagues, and the legal community.
- Communication: Select a lawyer who is responsive, communicative, and keeps you informed throughout the process.
- Fees: Understand the lawyer’s fee structure and ensure it aligns with your budget.
California Personal Injury Legal Resources
Navigating the legal process after a personal injury can be overwhelming. Fortunately, various resources are available to assist individuals in California with legal assistance and guidance.
The following resources provide valuable information and support for those seeking legal assistance with personal injury claims:
Legal Aid Organizations
- Legal Aid Foundation of Los Angeles: (213) 267-0900
- Bay Area Legal Aid: (415) 982-3900
- California Rural Legal Assistance, Inc.: (916) 379-1700
Bar Associations
- State Bar of California: (415) 538-2000
- Los Angeles County Bar Association: (213) 896-6503
- San Francisco Bar Association: (415) 764-1600
Government Agencies
- California Department of Consumer Affairs: (800) 952-5210
- California Department of Insurance: (800) 927-4357
- California Attorney General’s Office: (916) 445-9555
Additionally, many law firms offer free or low-cost consultations for personal injury cases. Contacting local bar associations or legal aid organizations can provide information about these services.