Time Limits for Injury Lawsuits in California

The limited amount of time during which a person can file a lawsuit for an injury claim is called a statute of limitation. This applies to all sorts of cases and claims and the time period during which legal action can be taken depends on the nature of the legal dispute.

A Los Angeles personal injury attorney can help you file a lawsuit within the mandatory statute of limitations for personal injury claims.

Observing the time limits applicable to personal injury cases is also essential in case of medical malpractice injuries. These injuries are caused as a result of the doctor’s negligence and the victim has a limited time during which he or she can make a claim for the discovered injury. Likewise, a cap on non-economic damages (such as pain and suffering) applies in these cases. A medical malpractice attorney in Los Angeles can assist you. 

Statute of limitations for personal injury claims in California

The statute of limitations for personal injury claims within the state of California is two years starting with the date of the injury to take legal action against another party involved in the accident that caused the injury. After the two-year period, it is likely that the court will refuse to hear the case and you will lose any right for compensations that you could have benefited from because you were involved in the accident and you suffered a personal injury.

According to the California Code of Civil Procedure, Section 335.1, the period prescribed for the commencement of legal actions is two years for assault, battery, injury brought to an individual or wrongful death caused by the wrongful act or neglect of another person. Claims against a public entity (for example, a city or the county) first require a written government claim, generally within six months of the injury (Government Code §911.2). There are also wrongful death attorneys in Los Angeles who can provide legal advice.

Medical malpractice cases are subject to a different time limit to commence a lawsuit. This type of injury should be brought before a court within one year after the injury is discovered or should have been discovered or within three years from the date of the injury, depending on which event occurs first. An important exception can apply in cases that involve foreign objects such as surgical instruments left behind in a sutured wound. In this case, the discovery rule of one year applies, but the case is not limited to a three-year statute of limitations. In surgical errors, the plaintiff can file a lawsuit even after several years, when he discovers that a foreign object has been left behind. The only requirement is that the lawsuit is to be filed within one year after this late discovery has been made. 

Observing the time limits is important in all personal injury cases, and this aspect will also be emphasized by birth injury lawyers in Los Angeles if you wish to submit a claim for medical negligence during childbirth if you or your child were injured. Discussing your options with an attorney is recommended as soon as you discover that the injury took place.

Compensations for accident victims in California

A Los Angeles personal injury attorney will start by building up a solid case and use all available evidence to prove that you have been the victim of another’s negligence. Victims of car accidents can obtain compensations for their injuries and damages if the accident was caused, wholly or partly, by another person. There are also truck accident attorneys in Los Angeles who can help you.

Each personal injury case is different and while some have a physical impact on the victim, like car accidents or pedestrian accidents, others require a more thorough documentation because the victims are injured in a different way – emotional damage is not as easily quantifiable as a physical one. Regardless of your case, a Los Angeles personal injury attorney can also help in cases of nursing home abuse or medical malpractice.

If you have been the victim of a personal injury in California, do not hesitate to contact a Los Angeles personal injury attorney well within the two-year deadline. An attorney can help you build a solid case and seek monetary compensation for your losses. Whenever possible, a lawyer will try to reach an agreement for a compensation, without having to necessarily go through a lengthy trial.

We invite you to watch a short video about the types of personal injuries in Los Angeles and the statute of limitation for filing a lawsuit:

Discovery of injuries and limitations for compensations

In some cases, the victim of the accident can be unsure that he or she has sustained an injury and, in this case, the discovery of harm rule applies. While the statute of limitations is two years for injury cases in California, in some cases the time period does not commence until the injured person discovers (or reasonably should have discovered) the extent and nature of the harm.

The discovery of harm rule applies best in medical malpractice cases when the patient usually needs some time to discover that something went wrong with a surgery or another medical procedure. However, the delay must be reasonable for the applicable circumstances. The plaintiff has one year to take a medical malpractice to court after he discovers that a medical error took place. In any event, the lawsuit must generally be filed no later than three years after the injury took place.

According to law, the victim of an injury accident in California is entitled to receive an amount of economic compensations that he or she would need to recover from the damages and suffering that occurred as a result of the accident. In California, there is no general cap on damages in most personal injury cases; the main statutory cap applies to non-economic damages in medical negligence cases. 

A limitation on non-economic damages in medical injury cases is applicable in California. These types of damages include pain and suffering after an accident as well as other ability losses that do not directly relate to economic losses or damages. The State of California also imposes a limitation on the attorney’s fees in medical malpractice cases.

Other limitations on personal injury claims

Personal injury lawyers in Los Angeles can give you more information about other legal provisions that may limit your claims in a personal injury accident. An attorney can help you build your case within the statute of limitations for injury claims. The usual two-year period to file a claim for a personal injury is limited in medical malpractice cases. In these particular situations, the plaintiff has one year to take the case to court after he discovers the injury or three years after the date of the injury, whichever case takes place first.