Last updated on April 4th, 2024 at 05:26 am
If you’ve decided to seek help from a personal injury lawyer, it is reasonable to contact a personal injury lawyer as soon as possible. This way, they can start working on your case without wasting any time.
Because every state has limitations for filing a personal injury case, In California, statutes of limitations are laws that set the maximum time limit. If you’re suffering an injury due to the negligence of someone else, you can only file your injury case within the given time limit set by the country’s law.
Nevertheless, if you fail to file a case within the specified time frame, you will not be able to receive any compensation for your injury.
But here the question may arise: what are the statutes of limitations? Here is what you should know about this crucial aspect of personal injury law:
- The Statutes of Limitations can be defined as a state law that sets a time limit to file a personal injury case.
- If you file your case after the statutes of limitations, the court will surely dismiss your case.
- After the statute of limitations, you will not get any compensation for your injury.
- When you hire a personal injury lawyer on time, he will surely keep their eyes on the statute of limitations and lawsuit filing deadline.
Time Limits for Different Types of Personal Injury Cases
Personal Injury:
The clock starts ticking from the moment you get injured in an accident. Although statutes of limitations can vary in different countries, in California, the time limit to file a case is two years from the date of the injury. After the specified time, the victim will not be able to get any compensation for his injury.
Medical Malpractice:
Although it is a complex case to pursue, if you consult with an experienced attorney on time, you’ll be able to get compensation on time. In California, the statute of limitations for medical malpractice cases is around three years. From the date of the injury or one year from the date the injury was discovered, whichever comes first. For mentally incapacitated patients, the time limit may extend depending on the situation. However, a personal injury lawyer has the full knowledge and experience to handle these situations.
Government Claims:
Bringing a personal injury case against government entities can be different. Although you can file the case within six months, it may involve some extra steps. Furthermore, the government entity can be sued for compensation in special circumstances. If the accident happens due to the negligence of entities, the location and situation of the accident will determine the at-fault party. Although the action against a government or federal entity can be challenging, it is important to get help from a personal injury lawyer who can handle your case timely. Once you’ve filed your case, the entity has forty-five days to respond to your case, unless you can sue for a lawsuit through your personal injury lawyer in two years.
Exceptions to the Statutes of Limitations
In California, statutes of limitations are fixed; however, there are still some exceptions to these time limits:
- Minority Tolling: if the victim is under 18 years of age during the accident, the statutes of limitations may be suspended until they reach the age of 18 to file their own claim. He can file his lawsuit before he reaches the age of 21.
- Mental Incapacity: If the injured party is mentally incapacitated at the time of the injury, the statute of limitations may be delayed until they regain the ability to handle their own case.
- Wrongful death claim: it is a lawsuit that can be filed on behalf of your deceased one. Fatal claims are often filed in cases of wrongful death, where the death was caused by the negligence or wrongful act of another party. You can file a case to seek compensation for the damages caused by the deaths of your loved ones. To file the case, you’ll have three years from the date they died.
- Onboard incident claim: it refers to any accident that happens while aboard any public transport like a train, ship, plane, or cargo ship. After an accident on a vehicle, you’ll have two years to make a claim. Examples of on-board accidents include slips and falls, turbulence-related injuries on planes, or collisions involving ships or trains.
Importance of Timely Action
You must register your case within the time limits, also known as “issuing proceedings.” Although your case may not be complete within these years, depending on the complexity of your case, When you hire a personal injury lawyer and he’ll take action promptly, the chances of regaining compensation will increase. However, filing a lawsuit after the statutes of limitations can result in your case being dismissed, and you may lose the opportunity to recover compensation for your Injuries.
John W. Stenson Law Office can help
John W. Stenson Accident and Injury Lawyers in Los Angeles can help you if you’ve been hurt in an accident in California. We are here to assist you. We offer a thoughtful approach to personal injury cases. We help you get the compensation that you deserve while you concentrate on your recovery. We are experienced litigators who know how to win. Contact us today to learn how we can help get you the justice that you deserve.
Frequently Asked Questions
What is the 5-year rule in California?
According to the 5-year rule in California, if a case has not gone to trial within 5 years of being filed, it can be automatically dismissed. Moreover, the case doesn’t require a day of judgment.
What is the time limit for filing a lawsuit for a misdemeanor in California?
Usually, the statute of limitations for a misdemeanor case is 3 years after the day of the incident.
Which crimes in California do not have a time limit for prosecution?
In California, the statute of limitations for almost every case is one to three years. However, some serious cases, like rape or murder, have no statute of limitations at all.
