When you’re involved in a personal injury accident, the last thing on your mind is probably legal deadlines. But the fact is, there are strict time limits for filing personal injury claims, and missing these deadlines can mean the difference between receiving compensation for your injuries and being left empty-handed. This is why it’s crucial to understand the statute of limitations for personal injury claims, especially if you’re in California.
What is a statute of limitations?
A statute of limitations is a law that sets a time limit on how long an individual has to file a legal claim. These time limits vary depending on the type of case and the jurisdiction in which it’s filed. In California, the statute of limitations for non-government personal injury claims involving adults is two years from the date of the accident (Cal. Code Civ. Proc. § 335.1). This means that if you’re involved in an accident and want to file a personal injury claim, you have two years from the date of the accident to do so. Notably, this timeline changes based on specific circumstances, including whether a minor is involved, a government entity is involved and/or someone without legal capacity.
Why is it important to file within the statute of limitations?
Filing within the statute of limitations is important for a number of reasons. For one, courts will typically not hear cases that are filed outside of the statute of limitations. This means that if you don’t file your claim within the time limit, you’ll be barred from bringing your case to court. Additionally, the longer you wait to file your claim, the more difficult it may be to gather evidence and witness testimony. This can make it harder to prove your case and increase the chances of your claim being denied.
When does the statute of limitations start?
The statute of limitations for personal injury claims starts on the date of the accident. However, there are certain circumstances that can affect when the time limit begins. For example, if the victim was a minor at the time of the accident, the statute of limitations doesn’t begin until the victim reaches the age of majority (18 in California). Additionally, if the victim is mentally incapacitated or physically unable to file a claim, the statute of limitations may be extended.
What if the statute of limitations is about to expire?
If the statute of limitations is about to expire, it’s important to take action as soon as possible. Contact a personal injury attorney and discuss your options. In some cases, it may be possible to file a claim just before the deadline expires. However, it’s always best to file your claim well before the statute of limitations expires to ensure that you have enough time to gather evidence and build a strong case.
How to preserve your rights?
To preserve your rights and ensure that you are able to file a personal injury claim within the statute of limitations. This requiring presenting and filing the proper papers before the proper judicial body. For example, in a civil action for personal injuries from an Oakland accident, this requires filing a complaint, summons and civil case cover sheet. But each case is different, so contact a lawyer to discus the specifics of your situation.
Contact a Lawyer to Learn more
The statute of limitations for personal injury claims can be a tricky thing to navigate, but it’s important to understand the time limits and take action as soon as possible after an accident. By taking the right steps and working with an experienced personal injury attorney, like Anderson Franco, you can ensure that your rights are protected. You can ensure that you have the best chance of receiving compensation for your injuries. If you are facing a personal injury claim seek the help of a personal injury attorney, like Anderson Franco. Anderson can guide you through the process and help you understand the statute of limitations for personal injury claims in California (Cal. Code Civ. Proc. § 335.1)