Statute Of Limitations | Personal Injury Attorney
When should I seek help from a personal injury attorney?
There are a number of ways that someone could be injured through the negligence of others. Car, motorcycle and truck accidents are common events that trigger visits to personal injury attorneys. A product might prove defective, resulting in injury or death to the user. A slippery floor at a retail store might lead to a fall. Regardless of how you or your family member was injured, it is wise to schedule an initial consultation with a personal injury attorney as soon as possible following the accident.
Under California law, the statute of limitations for filing a lawsuit for personal injury cases is two years from the date of the accident. This limitation applies to injuries you suffer yourself as well as suits for the wrongful death of family members or loved ones. However, if the negligent party is an agency or employee of the state government or a city or county in California, the statute of limitations is only six months. The statute of limitations for suing federal government agencies is typically two years, but California substantive law will be analyzed to verify whether a violation occurred.
In most cases, lawsuits that are not filed within the applicable period will be rejected by the court. Personal injury attorneys are sometimes successful in filing lawsuits beyond the statute of limitations, but these cases typically involve mitigating circumstances that made it impossible to file earlier.
Circumstances surrounding the injury or wrongful death can have a bearing on whether a lawsuit can be filed. For example, an arsonist injured in a fire he started cannot sue the property owner for his injuries. Limitations also apply if the injury is the result of an attempt to injure emergency medical personnel, law enforcement officers or firefighters.
It should also be noted that the recovery amount may be limited in certain circumstances. If the injury or death is caused by a minor, for example, the parental liability, according to California Civil Code Section 1714.3, cannot exceed $30,000 for the injury or death of one person or $60,000 for the injury or death of all people occurring in a single incident. The maximum amounts that can be recovered from government agencies are also subject to limitations.
As you can see, personal injury and wrongful death law is a complex area. A personal injury attorney with knowledge of your particular case is always your best source of information.
It is important to contact a personal injury attorney as soon as possible after an incident occurs. To learn more about your legal options, call 661.855.4886 today to schedule a free initial consultation.
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