How Much Time do I Have to File a Personal Injury Lawsuit in Rancho Bernardo?

After a serious injury in a Rancho Bernardo accident, it can be difficult to think about anything beyond the physical and financial repercussions of your injury. You are likely scheduling medical appointments for treatment or surgery, and trying to recover physically from your injury. At the same time, you are likely having trouble paying your bills if your injury has prevented you from working. You may be thinking about filing a claim for compensation, but you might be putting it off until your injuries heal enough for you to begin focusing on a complex insurance claim or a personal injury lawsuit. Yet it is critical to keep in mind that you will only have a certain amount of time to file your lawsuit. 

The amount of time you have to file a claim is known as the statute of limitations, and it can vary depending upon the type of injury you have suffered and the identity of the responsible party. We want to provide you with more information about the statute of limitations in personal injury claims in California, and to urge you to seek advice from a Rancho Bernardo personal injury lawyer as soon as you can.

Most Personal Injury Claims Will Need to be Filed Within Two Years

A majority of personal injury claims in California must be filed within two years from the date of the injury. For example, if you suffered a serious injury in a car accident or sustained injuries in a slip and fall accident, you will need to file a personal injury lawsuit within two years from the date you suffered your injury. However, the time limit can be much shorter if you need to file a claim against a government agency.

Government Agency Claims Must be Filed Much Faster

Sometimes accidents result from a government employee’s negligence while that person is working. For example, a car crash might have been caused by a government worker in California, or an injury might have occurred on government property. Depending upon the specific facts of your case, you may be required to file your claim with the government agency within six months’ time. The timetable for your lawsuit will depend upon the type of claim.

Some Medical Malpractice Cases Have an Extended Statute of Limitations

Some types of medical malpractice cases have a slightly longer statute of limitations. In cases where a person did not discover an injury right away, then a lawsuit must be filed within one year from the date the patient discovered (or reasonably should have discovered) the injury.

When Time Runs Out, Your Claim can Become Time-Barred

Under California law, if you fail to file your lawsuit within the time window established by the statute of limitations, you will have a time-barred claim. Once a claim is time-barred, there is little we can do to help you seek compensation from the at-fault party. Accordingly, it is important to get started on your case as soon as possible.

Contact a Rancho Bernardo Personal Injury Attorney

Do you need assistance with a personal injury claim? One of the experienced Rancho Bernardo personal injury attorneys at our firm can begin working with you today on your case. Contact the Walton Law Firm for more information.


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Reducing Teen Driving Accidents and Parent Anxieties in Escondido


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