Answers to Personal Injury, Wrongful Death, and Car Accident Questions
Q: How long do I have before I must file a lawsuit for my injury accident? What is the statute of limitations in California?
A: For a personal injury claim, the injury accident victim generally has two (2) years to settle their claim with the person at fault for causing the accident or their insurance company. If you cannot settle your claim within this time period, you must file a lawsuit to preserve your rights. Otherwise, at the end of the two year statute of limitations your rights are eliminated.
The purpose of the statute of limitations is to prevent liability claims for existing forever and to encourage victims to actively pursue their claims rather than rest on their rights.
There are two notable exceptions to the two year statute of limitations period. The first is when the alleged wrongdoer is a government entity, such as a city, county, or state agency. In those cases, a government tort claim form must be filed the government entity within six (6) months from the date of the accident. The government entity then has forty-five (45) days to take action on the claim. If no action is taken or the claim is rejected, which happens in virtually every case, the victim then has six (6) months from the date the claim is rejected to file suit.
The second exception is in cases of medical malpractice. The medical malpractice victim has twelve (12) months from the date of the injury or the discovery of the injury to file a claim with the medical provider notifying it of the victim's claim.
Do not wait until your statute of limitations is about to expire. It is better to consult with a lawyer as soon as possible to determine your legal rights and remedies. Many attorneys will not accept clients with a statute of limitations deadline looming.
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