Personal Injury Statutes of Limitations
If you or a loved one has been injured in an accident, it’s important to understand the laws surrounding personal injury cases. One crucial aspect of personal injury cases is the statute of limitations. In this article, we will explain what the statute of limitations is, how it applies to personal injury cases, and how it varies between the state of California and the Los Angeles and West Covina area.
What is a statute of limitations?
A statute of limitations is a law that sets a time limit for pursuing legal action. In personal injury cases, this means that there is a time limit for filing a claim or lawsuit against the person or entity responsible for your injuries.
Statute of Limitations in California
In the state of California, the statute of limitations for personal injury cases is two years from the date of the accident. This means that if you were involved in a car accident on January 1, 2022, you would have until January 1, 2024 to file a claim or lawsuit. It is important to note that there are some exceptions to this rule, such as cases involving government entities or injuries that were not immediately apparent. It is always best to consult with an attorney to determine the specific statute of limitations in your case.
Personal Injury Cases Involving Medical Malpractice
Another common type of personal injury case is those involving medical malpractice. In California, the statute of limitations for medical malpractice personal injury cases is three years from the date of the injury or one year from the date that the injury was discovered, whichever is earlier. For example, if a patient was the victim of a surgical error on January 1, 2022, but did not discover the injury until December 1, 2022, they would have until December 1, 2023 to file a claim or lawsuit.
Personal Injury Cases Involving Slip and Fall Accidents
Slip and fall accidents can also result in personal injury. In California, the statute of limitations for slip and fall accidents is two years from the date of the accident. For example, if a person slips and falls on a wet floor in a store on January 1, 2022, they would have until January 1, 2024 to file a claim or lawsuit.
Exceptions to the Statute of Limitations
It is important to note that there are some exceptions to the statute of limitations in personal injury cases. For example, if the person who caused the accident is a government entity, the statute of limitations may be shorter. Also, if the victim is a minor at the time of the accident, the statute of limitations may not begin until the minor reaches the age of majority. In such cases, it is always best to consult with an attorney to determine the specific statute of limitations in your case.
Procrastination Can Be Detrimental
When it comes to personal injury cases, it’s important to act quickly. The statute of limitations sets a time limit for filing a claim or lawsuit, and missing this deadline can result in losing your legal rights. However, even if the statute of limitations hasn’t expired, procrastinating on pursuing your case can be detrimental. Evidence can disappear, witnesses can become hard to find, and memories can fade over time. All of these factors can make it more difficult to prove your case in court.
The Role of an Attorney
An attorney can also help you navigate the legal system and ensure that all deadlines are met. They can also advise you on the best course of action, whether it be filing a claim or a lawsuit, and represent you in court if necessary.
Personal injury cases can be complex and time-sensitive, and it’s important to understand the laws surrounding them. The statute of limitations sets a time limit for filing a claim or lawsuit, and missing this deadline can result in losing your legal rights. However, even if the statute of limitations hasn’t expired, procrastinating on pursuing your case can be detrimental. Taking early action on your personal injury case can be beneficial and an attorney can help you navigate the legal system and ensure that all deadlines are met.
