The Statute of Limitations for Injury Claims in California
Personal Injury Attorney in Los Angeles
Injuries can happen anytime and anywhere. It helps to know in which cases you are likely to get compensation from the person who caused your injury. For example, the State of California has a statute of limitations on personal injuries. This means that the time frame in which you can file a claim for personal injuries is very limited.
Your Course of Action
Accidents can devastate one’s life or at least temporarily change it. The time that follows may involve hospital bills, dealing with trauma and emotions, a recovery period and so on. It’s important for you to follow a set course of action if you ever do get involved in an accident:
For cases like hit and run, an accident or police report can prove to be your saving grace. You can come forth with confidence and make claims against the party responsible for your personal injury if you have the law by your side. Immediate reporting the accident along with any evidence will strengthen your case considerably.
Get medical and legal help
You may have had an accident that doesn’t feel like much but some of your injuries may not yet be visible. It is best to seek the help of medical professionals at the scene of an accident who can make sure that you don’t have any life-threatening injuries and, can assistance you and provide immediate treatment if you do.
Statute of Limitations: What is it?
It’s the time limit in which a lawsuit for personal injury may be filed to recover damages. The clock starts ticking as soon as the accident occurs in most cases in California. Of course there are exceptions, but to meet the specified criteria can be difficult. Generally, once the Statute of Limitation expires, you can no longer file a claim for personal injury recoveries.
Cases and Statutes:
The Statute of Limitations in California will depend on your injury. Personal injuries due to assault, emotional distress, battery, negligence and wrongful death are included in the personal injury of a person and is the most common claim. The Statute for this type of claim is two years from the date the accident occurs or injury becomes visible.
Others types of injury include:
Medical Malpractice Injuries
Claims must be brought within 3 years from the occurrence of the malpractice incident, or 1 year from when the malpractice was first discovered.
Legal Malpractice Injuries
Claims must be brought within 4 years from the occurrence of legal malpractice, or 1 year from first being discovered.
Government Body Claims
If you think that a government entity is responsible, you have 6 months from the date of the accident to file an administrative claim with the rightful government office. If you don’t do so, you will be barred from government compensation.
They have 45 days to give a response to the administrative claim; otherwise you can get a full 2-year statute from the court. If your claim is rejected, you have 6 months from the rejection date to file a civil personal injury claim in court.
Personal Property Claims
Claims can be brought within 3 years of injury date. They include trespassing, physical damages to property, fraud, theft and nuisance.
When you are injured in any kind of accident, you cannot afford to wait to secure legal representation from a Los Angeles personal injury attorney. The Law Offices of Jacob Emrani has substantial experience handling injury claims and fighting for the right of clients to recover needed financial compensation.
Call today to discuss your legal rights: (888) 952-2952!