Although the statute of limitations for personal injury claims in California is two years, you can file a lawsuit for a more recent injury within a year. That is, you must discover the injury before the two-year time frame expires. However, there are cases where you cannot file a suit because of an earlier injury. For example, if you suffered a traumatic brain trauma, you have up to six months to seek compensation. Even if you do not discover the accident immediately, you still have to be aware of the two-year deadline.
When should you file a lawsuit? Unlike in other states, the statute of limitations for personal injury claims in California is strict. Generally, you must file a lawsuit within two years of the injury. Once that two-year window has passed, however, the court may refuse to hear your case. In such a situation, you lose your right to seek compensation. To avoid this problem, you should contact a litigation attorney who specializes in personal injury law.
There are exceptions to this rule. In some cases, you may not have discovered your injury until after the deadline. This is known as the discovery rule. In these cases, you may be able to extend the deadline period by another year. This is important, since the statute of limitations can be very short. You should file your personal injury lawsuit immediately after you are injured, and you should take action as soon as possible.
If you are injured in a car accident, for example, you may not realize it until the accident is over. In this case, you should contact a personal injury attorney right away. They can determine whether you can pursue your case and what the next step is. There may be an exception to the statute of limitations, so it is important to contact a lawyer as soon as you can. And even then, you should still contact your insurance company or lawyer immediately.
The statute of limitations for personal injury claims in California is strictly enforced. The deadline for filing a lawsuit is two years from the date of the accident. If you wait until after the deadline, you may not be able to file a claim. If you are injured in an accident, it may be difficult to prove negligence. It can be hard to prove that the other party was at fault in the accident.
A law firm that specializes in personal injury cases can help you determine when you can file a claim. In California, a claim can be filed only two years after the date of the injury occurred. The other party must have notice of the injury. If the statute of limitations is not followed, the plaintiff can not file a case. This is the only way to prove that the defendant was at fault for the injury.