Girardi | Keese

What is the statute of limitations on a personal injury claim?

If you live in the state of California and have been involved in an accident, you may have thoughts about filing a lawsuit against the negligent party. It is likely that you are aware of the complexities associated with personal injury claims. This includes a statute of limitations, which is more or less a deadline for filing a lawsuit.

This may sound complicated, but it is nothing more than a timeframe in which you must file your lawsuit if you intend on attempting to collect from the negligent party. In most cases, once the statute of limitations comes and goes, a legal claim is no longer valid and will not be heard by the court.

The statute of limitations for personal injury claims is not the same as other types, such as property damage or breach of a written contract.

When it comes to personal injury lawsuits, you have two years from the date of the injury to file the lawsuit. In the event that the injury was not discovered immediately following the accident, the statute is one year from the day on which the injury was determined.

Since it can be a challenge to figure out when an injury occurred and the how the statute of limitations will apply, it is best to play at safe. This means learning more about your legal rights without any delay, as there is nothing worse than wanting to move forward with a claim, just to find that the time has come and gone.

A personal injury attorney can provide helpful advice regarding state laws and statutes of limitations.

Source: California Courts, "Statute of Limitations" Sep. 15, 2014

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