Time Limits for Injury Lawsuits in CaliforniaUpdated on Thursday 09th February 2017
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The limited amount of time during which a person can file a lawsuit for an injury claim is called a statute of limitation. This applies to all sorts of cases and claims and the time period during which legal action can be taken depends on the nature of the legal dispute.
Our Los Angeles personal injury attorneys can help you file a lawsuit within the mandatory statute of limitations for personal injury claims.
Statute of limitations for personal injury claims in California
The statute of limitations for personal injury claims within the state of California is two years starting with the date of the injury to take legal action against another party involved in the accident that caused the injury. After the two-year period, it is likely that the court will refuse to hear the case and you will lose any right for compensations that you could have benefited from because you were involved in the accident and you suffered a personal injury.
According to the California Code of Civil Procedure, Section 335-349.4, the period prescribed for the commencement of legal actions is two years for assault, battery, injury brought to an individual or wrongful death caused by the neglect of another person.
Medical malpractice cases are subject to a different time limit to commence a lawsuit. This type of injury should be brought before a court within one year after the injury is discovered or should have been discovered or within three years from the date of the injury, depending on which event occurs first. An important exception can apply in cases that involve misappropriated surgical instruments, those that have been left behind in a sutured would. In this case, the discovery rule of one year applies, but the case is not limited to a three-year statute of limitations. In surgical errors, the plaintiff can file a lawsuit even after several years, when he discovers that a foreign object has been left behind. The only requirement is that the lawsuit is to be filed within one year after this late discovery has been made.
Compensations for accident victims in California
A Los Angeles personal injury attorney will start by building up a solid case and use all available evidence to prove that you have been the victim of another’s negligence. Victims of car accidents can obtain compensations for their injuries and damages if the accident was clearly caused by another person.
Each personal injury case is different and while some have a physical impact on the victim, like car accidents or pedestrian accidents, others require a more thorough documentation because the victims are injured in a different way - emotional damage is not as easily quantifiable as a physical one. Regardless of your case, our Los Angeles personal injury attorneys can also help you in cases of nursing home abuse or medical malpractice.
If you have been the victim of a personal injury in California, do not hesitate to contact our Los Angeles personal injury attorneys within the two-year deadline. We will help you build a solid case and obtain monetary compensations for your losses. Whenever possible, our lawyers will do their best to reach an agreement for a compensation, without having to necessarily go through a lengthy trial.
We invite you to watch a short video about the types of personal injuries in Los Angeles and the statute of limitation for filing a lawsuit: