How Quickly Must You File a Claim for Losses Suffered in an Accident
When you have been injured because of the carelessness or negligence of another person, you want to take prompt action to hire an attorney to help you protect your rights, so that you can recover for all your losses. Evidence can be lost—witnesses may die or relocate. But it’s also important from a procedural standpoint. The state of California, like all other states, has a time frame within which a personal injury action must be filed. This period is known as the statute of limitations.
The Statute of Limitations on Personal Injury Claims in California
In California, the statute of limitations for filing a personal injury complaint is two years. As a general rule, that is two years from the date of the injury. If you don’t file your lawsuit within that time period, the court will likely refuse to consider your case, unless you can show special circumstances.
The time limit for filing a personal injury claim against a city, county or government agency in California is six months.
Tolling the Statute of Limitations
There are situations where the statute of limitations can be extended. Certain contingencies will “toll” or suspend the running of the statute of limitations. Here are the most common:
- The defendant is not in the state for any period of time while the statutory time is running
- The plaintiff (injured person) is a minor
- The plaintiff is incompetent
- The injury is not one that manifests immediately, or is one that is only discovered at a later date
Contact the Law Offices of J. Lewis & Associates
To discuss your legal needs with an experienced Riverside premises liability injury lawyer, contact our office online or call us toll-free at 1-800-228-0507. There is no charge for your initial consultation. Se Habla Espanol.