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| Personal Injury Lawsuit |
Under
California law, you only have a specific amount of time after you suffered some
type of harm to file a lawsuit. This is known as the statute of limitations.
While different types of cases have different deadlines, most personal injury
cases have a two to six year deadline after the date of injury.
Generally,
once this time frame has expired or the statute of limitations has run, you
will not be able to file a personal injury lawsuit, unless an exception
applies.
Exceptions to the Rule
There
are a few exceptions to filing a lawsuit after the statute has run. Some of
these exceptions are discussed below:
Injured
Minors
If
the plaintiff was a minor at the time of injury, most states, including
California, allow the individual to reach the age of 18 before the clock starts
running. For example, if you were injured in a car accident at the age of 12,
you have until your 20th birthday to file a lawsuit.
Discovery
Rule
The
“discovery rule” also extends the statute of limitations, inasmuch as the clock
does not start running until the injured person has reasonably figured out that
they were injured. For example, an individual who is exposed to asbestos may
not suffer an asbestos-caused illness, such as mesothelioma, until decades
after exposure to the materials that contained asbestos. This type of
“extension” generally applies to cases involving exposure to dangerous or toxic
chemicals.
Mental
Disability or Incompetence
If
the plaintiff was deemed mentally incompetent at the time of the incident or
because of the wrongful conduct that caused the injuries,
the statute of limitations is suspended for as long as the mental incompetence
continues. It should be noted that this statute of limitations exception
generally does not apply to government claims.
Call Us Today!
For
more information or to schedule a complimentary consultation with an
experienced Orange County personal injury lawyer, please call the Law Offices
of Samer Habbas at 1-888-848-5048.
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