How Long Do You Have to File a Personal Injury Lawsuit?

If you have been injured after an accident, it is important to understand the statute of limitations. This term refers to the period you have to file a personal injury claim after the date the accident occurred. Filing your claim within the time period set by California law is essential to preserving your right to seek compensation for medical expenses, lost wages,emotional pain, and other damages that resulted from the accident.

1. Understand California’s statute of limitations

The statute of limitations for personal injury cases changes depending on the state where the incident occurs. Typically, the time period ranges from one to six years, with most states having a time period of two to three years.

However, in California, the time period to file a personal injury claim is two years from the date of the injury. On the other hand, if you discover that you have an injury that arose later, the “discovery rule” can extend this period.

2. Exceptions to the statute of limitations

While these laws have strict time limits for filing claims, there may be some exceptions, such as:

Discovery rule: If you were unaware of having suffered an injury or if the injury arose later.

Minors: Iftim of the accident is a minor, the statute of limitations may be extended until they are of legal age.

Government claims: If your case involves a government entity, the filing deadline is typically much shorter. According to the U.S. Department of Justice, claims against government entities generally require filing a notice of claim within six months.

3. What happens if you don’t file your claim before the statute of limitations time?

If you fail to file your personal injury claim within the statute of limitations, your case can become void. This means you would lose your right to seek compensation, no matter the damages you suffered and your strong claim. The American Bar Association highlights that not meeting this deadline can have multiple consequences on your financial status and your mental health, so it is important that you act in time.

4. What to do after your accident?

To ensure that you do not exceed the time established by the statute of limitations, remember to follow these steps as soon as possible after your accident:

  • Document the incident: gather as much evidence as possible such as: photos, witness statements and videos, medical records, and bills, among others.
  • Seek medical attention.
  • Consult a personal injury attorney.

As you can see, acting quickly and seeking legal advice can make a big difference between receiving a fair compensation and losing your right to file a claim.

At DahDah Law Group, we are ready to help you and accompany you throughout your legal journey so that you can promptly recover the compensation you deserve for your damages and your emotional harm.

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