The Statute of Limitations on California Personal Injury Cases is Not as Straightforward as You Might Believe
Have you been hurt in an accident that was caused by someone else’s carelessness? If that’s the case, you might want to consider contacting a personal injury lawyer to get reimbursed for your losses. We advise you to do so as soon as possible at Law Offices of Fernando D. Vargas for a variety of reasons, one of which being that the statute of limitations clock is ticking right now.
What is the time restriction for filing a lawsuit?
Simply put, it’s a deadline that determines how long you have to bring a personal injury case after suffering an accident. In most situations, the statute of limitations in California is two years from the date of the harm. However, there are several things that might influence how long you have, some of which will lengthen it and others will shorten it.
The discovery rule might provide you with more time
Some injuries aren’t visible right away. This is why the rule of discovery exists. It gives a plaintiff one year from the day they learned or reasonably should have known about the injury to file a lawsuit. Some brain injuries, for example, are not discovered for years after they occur. The one-year discovery rule allows you to sue the at-fault party within one year of discovering the harm.
There will be a delay if the defendant declares bankruptcy
If the person you’re suing or who you’ve won a case against files for bankruptcy, an automatic court stay will prohibit you from collecting what you are due. The good news is that you won’t be able to dismiss the claim in bankruptcy, but the bad news is that you’ll have to wait until the procedures are completed. If the statutory term has elapsed as a result of the delay, the law provides you with more time.
You only have a limited amount of time to launch a lawsuit against the government
If the government will be the defendant in your personal injury lawsuit, you should call Law Offices of Fernando D. Vargas right away at 909-982-0707. Why? Because you must file a claim notification within six months after the occurrence of the damage. It must also be submitted with the appropriate office or agency in order to be legitimate.
Minors are subject to various restrictions
If the victim is a juvenile, the two-year term does not commence until the child reaches the age of 18. As a result, if they are wounded when they are eight years old, the statute of limitations on this case may be effectively 12 years – 10 years until the injured individual reaches the age of 18, and then another two years to file their claim.
If you have any questions concerning statutes of limitations or other personal injury matters, please call Law Offices of Fernando D. Vargas for a free legal consultation at 909-982-0707. For the layperson, these regulations might be confusing, but we’re here to make the process as simple as possible.