California Statutes of Limitations For Bringing Personal Injury Claims

Personal Injury

When you are injured as a result of the negligent actions of another party, you must file your claim within a certain amount of time as mandated by law. This deadline for filing a lawsuit is known as the statute of limitations.

Once the statute of limitations “runs out,” you may no longer be able to bring a claim. As such, in order to avoid the running of the statute on your claim, you should immediately consult an experienced personal injury lawyer to timely handle your claim.

Different Statutes of Limitations For Each Type of Claim

Different types of legal disputes may have different statutes of limitations under California law. Below is a list of statutes of limitations for some common types of legal disputes:

• Personal injury lawsuit: 2 years from the date of injury; if the injury is not immediately discovered, the statute runs 1 year from the date the injury is discovered.

• Medical malpractice claim: 3 years from the date of injury or one year from the date of discovery of the injury.

• Breach of a written contract: 4 years from the date the contract was breached or broken.

• Property damage: 3 years from the date of the property damage.

• Claims against government agencies: A claim must be filed with the appropriate agency within 6 months after the incident (some exceptions apply, review California Government Code section 905 and 911.2).

Tolling of the Statute of Limitations

In some cases, the statute of limitations may be tolled or suspended for a certain period of time, until it begins to run again. Tolling of statutes often applies to situations where the injured victim is a minor, is out of state or is insane.

Cases that deal with the tolling of the statute of limitations are complicated. The injured victim should consult with an experienced personal injury attorney to ensure their case is properly handled.

Call an Experienced Personal Injury Attorney

Personal Injury Lawyers orange County

For more information or to schedule a complimentary consultation with an experienced personal injury attorney, please call the LawOffices of Samer Habbas at 1-888-848-5048.

How to Determine If You Should File a Lawsuit

Just because you were injured does not mean that you automatically have a legal cause of action and should file a lawsuit. You should ask yourself the reason why you want to file a lawsuit: Money? Respect? Revenge? Principal? Perhaps the most important question to ask is whether it is worth your time, effort and expense to file suit, which may take years to resolve.

 If you were injured by the negligent or careless actions of another party, it is in your best interest to first consult with an experienced personal injury attorney to determine whether you should pursue legal actions.

Research Before Filing a Lawsuit

Even when you consult an attorney, extensive research should be conducted to determine whether you should file suit. Failing to do your research can add anxiety, frustration and even doom your lawsuit.

Below are some important steps you and your personal injury attorney should take before rushing to the courthouse to file your lawsuit:

-          Researching the merits of your claim, including determining whether all of the elements of your potential causes of action are met.

-          Researching cases that are similar to your fact pattern to determine the possibility of compensation that may be awarded in your claim.

-          Collecting important pieces of evidence that may prove or disprove your case.

-          Determining whether you have the necessary funds to go forward with your claim.

-          Contacting potential witnesses to determine whether they are willing to testify.

-          Researching the potential parties to determine whether they are solvent and you are able to collect a judgment against them.

-          Researching the applicable statutes of limitations to make sure you can timely bring a lawsuit against the negligent parties.

-          Determining whether you can avoid litigation by attempting to take advantage of all reasonable opportunities to settle your claim.

Call Us Today!

For more information or to schedule a complimentary consultation with an experienced personal injury attorney , please call the Law Offices of Samer Habbas at 1-888-848-5048.