Is There A Time Limit? | Personal Injury Lawyer
Personal Injury Lawyer | How Long Does a Person Have to File a Personal Injury Claim in California?
A personal injury lawyer will try to make it clear that those who have suffered damages from an injury caused by the actions or negligence of another party have limited options for receiving compensation. One of the greatest barriers to recovering damages is time.
California law sets forth strict statutes of limitations, which define the time period in which lawsuits may be filed. Once this period has passed, no personal injury lawyer can help you in civil court. For this reason, California personal injury lawyers recommended that you seek a consultation as soon after the injury as possible.
The statute of limitations for personal injury lawsuits in California is written in the California Code of Civil Procedure Section 335.1. In personal injury cases, you have two years from the date of the injury to file a lawsuit. If, however, the injury was not known at the time it occurred, then you have one year from the date the injury was discovered. After this date, personal injury claims will no longer be accepted by the court.
A few exceptions to the general statute of limitations apply to personal injury cases. When the defendant is a government agency, a special type of claim called an administrative claim must be filed before a lawsuit can be filed in court. For personal injury claims, the administrative claim must be filed within six month of the date of the injury.
After the claim is filed, the government agency has 45 days to respond to your offer. If the agency denies the claim, you then have six additional months to file a lawsuit in court. If the agency does not contact you regarding your claim, you have two years from the date the injury occurred to file a lawsuit.
For minors, the statute of limitations is still six months on a government claim. In claims against non-government agencies, minors have two years from their 18th birthday or two years from the date of the accident, whichever is later.
In California, the statutes of limitations can be complex and difficult to understand. The best chance you have for recovering damages is to contact a personal injury lawyer directly after an accident. If you need a personal injury lawyer, the experienced professionals at Young Wooldridge, LLP are ready to help. For more information on this issue, speak with a compassionate Bakersfield personal injury lawyer at Young Wooldridge, LLP.
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