What is the Statute of Limitations on my personal injury case?

If you have been injured and plan to pursue litigation, you
will need to know about the applicable deadlines involved. 

In most personal injury cases in California, the statute of
limitations is two (2) years.  This means
that you must either settle your case OR file a complaint within that time
frame, otherwise,  you will be forever
barred from recovery.

However, not all cases are that simple.  If you intend to pursue a case against a
government entity (a City, State or County for example), you must file a
"government claim" within SIX MONTHS of the date of loss with the appropriate
entity.  (You may wish to investigate
whether a defective roadway claim exists in certain automobile accidents).

Medical malpractice cases also have a different statute of
limitations – either 1 or 3 years, depending on the circumstances (usually it
will be 1 year).

Minors (people under the age of 18) have a separate statute
of limitations that apply to them.

Thus, if you are involved in an accident and contemplating
litigation, you should consult an attorney to determine what your statute of
limitations is.  Waiting too long to do
so may prevent you from recovering at all.

Shea
& Shea
is a nationally recognized personal injury law firm located in
San Jose, California.  The firm has extensive experience in representing
individuals and their families in cases involving catastrophic injuries
including wrongful
death
and traumatic brain
injury
.  Since 1966, Shea & Shea have successfully represented the
seriously injured and their families in both state and federal
courts.   To learn more, visit us at www.Shea-Shea.com or telephone
408-292-2434 or 888-989-SHEA.

 

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