Is There a Time Limit to File Personal Injury Claims?

      When filing a personal injury claim, there are a lot of steps to take in the legal process. There is also the question of time. How long has it been since your incident occurred? You may wonder, is there a time limit to file personal injury claims for compensation? It’s important to take note of how long it has been since your personal injury accident, as this can determine a variety of factors for claims.


Is There a Statute of Limitations in California?

When it comes to personal injury claims, there is a deadline to file. Plaintiffs, aka victims of personal injury incidents, have two years since the date of injury to file a personal injury lawsuit. Before two years are up you can take legal action against a liable party if they were the instigator of an incident or showed neglect directly connected to the development of your injury.


There are special exceptions to this statute of limitations, for example, if you are filing a medical malpractice claim. Victims of medical malpractice have a time window of one year to rightfully file their claim. Another branch of medical malpractice is wrongful birth, or when the medical provider fails to diagnose a condition for a fetus. This time window is open for up to six years. If you are a victim of surgical errors, such as having a surgical instrument left inside your body, you can file a lawsuit even if you discover the instrument years later. After discovering the surgical error, however, you do still have only one year to file a claim.


What Happens After the Statute of Limitations is Done?

If dealing with personal injury cases such as car accidents and other incidents past the statute of limitations, it is fairly probably the court will refuse to hear your case and you will lose out on the potential compensation you could have had if filing your personal injury claim earlier. This is why it is very important to get medical attention as soon as the incident occurs, and also sit down with a trustworthy personal injury attorney to discuss your claim, the incident, and your legal options within a reasonable time frame.


Personal injury claims are happening every day. There is really no necessary need to delay filing a claim and speaking to a professional legal attorney. There is a time limit to filing personal injury claims, so it is important to keep timeframes in mind and get started on your claim as soon as possible. By delaying your personal injury claim, you are risking the loss of possible compensation that could help cover medical expenses and loss of wages if unable to work because of injury.


When it comes to personal injury claims, the sooner you get started on your claim, the better. Sit down with a professional legal attorney to discuss progressing your claim forward and getting potential financial compensation. For a skilled personal injury attorney in Claremont, turn to Lerner, Moore, Silva, Cunningham & Rubel.


















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