The length of time during which you can file a lawsuit varies depending on the type of legal claim. The statute of limitations in personal injury cases ranges from one year to six years, depending on the state. For details on the law where you live, check your state's statute of limitations. The statute of limitations for personal injury lawsuits is two years from the accident or injury in California.
Some exceptions may alter this time period (explained below), but the default value is two years. After that period, your legal right to sue the other party expires. The statute of limitations sets a strict deadline for filing your claim. It varies by state, but is usually two to four years.
While medical negligence can result in personal injuries, the law treats them as its own type of lawsuit. An experienced personal injury lawyer can help you determine when time starts to run out in your situation and can help you file your claim before the deadline so that you receive the funds you deserve after you've been harmed. If you're going to file an insurance claim, it's critical that you take enough time to take things to court or, at least, have that option in your back pocket as a bargaining chip during negotiations to reach a personal injury settlement. In addition, not seeking immediate medical attention and legal advice in personal injury claims can significantly reduce the way in which defendants and, more importantly, their insurance companies value claims.
We provide a thoughtful approach to personal injury cases and help you get the compensation you need while you focus on your recovery. To file an application, it is important to know the statute of limitations for personal injury law in the state of California. While a statute of limitations may state that a personal injury lawsuit must be filed within a certain period of time after an accident or injury, that period does not usually begin to run until the time when the person filing the lawsuit knew (or should have reasonably known) that they had suffered harm and the nature of that damage. To learn more about the time limits for filing a lawsuit, it's a good idea to discuss your case with an experienced personal injury lawyer near you.
In most personal injury cases, the statute of limitations begins on the day you were injured. It's likely that the statute of limitations has passed (although your lawyer could argue that continued exposure equates to continuous injury), so perhaps the only way to file a personal injury lawsuit for your exposure to asbestos is based on the discovery rule. Relying on the discovery rule isn't an option in many types of personal injury cases (those that result from car accidents or dog bites, for example). Most states have a statute of limitations that applies specifically to personal injury cases (or to negligence lawsuits, which is the theory of statutory fault under which most personal injury lawsuits are filed).
If you have suffered injuries as a result of the intentional actions or negligence of another person and have not exceeded the time limit, you may be able to recover damages. As mentioned above, each state has enacted its own statute of limitations, which requires that any personal injury lawsuit be filed in court within a certain time after the incident or injury.