Personal injury statute of limitations is a pre-determined time to consider while filing a lawsuit. In the statute of limitations, government law allows victims a specific period to claim damages. Victims cannot file a lawsuit against the negligent party if the time expires.
Now the statute of limitations for personal injury cases depends on statewide. Generally, the duration varies between two to five years in most cases. In the state of California, the statute of limitations is two years. Within this period, victims should file a lawsuit against the suspect party.
Two years may seem like a lot of time for you. But it is important to take immediate action after facing a fatal accident. You should contact a personal injury lawyer and file the lawsuit immediately. But first, you should understand the Personal injury statute of limitations in California means, its rules, and other related information.
What Is Personal Injury Statute Of Limitations California?
The personal injury statute of limitations is a fixed timeframe to file a lawsuit against the negligent party. In California, two years is the default time duration. When it expires, victims lose their rights to claim their losses.
So it is vital to hire a personal injury lawyer immediately after facing injuries from an accident. As soon as you hire an attorney, your expert gets time to collect evidence for your case.
Can you Still file the lawsuit After the Statute of Limitations Passes?
Yes, you can. In many cases, victims claim their settlement even after the duration expires. On this occasion, the defendant uses the statute of limitations law against your claim.
As a result, your case will be taken down, and your lawyer has nothing to do. The jury dismisses your claim and takes no action for your case. In fact, you also lose the option to settle the situation outside of the court. You already lose your right to file a lawsuit against the negligent party.
Conclusion
So this is a detailed guide about the Personal injury statute of limitations in California. Remember, the statute of limitations is a predetermined time the state government regulates. For personal injury cases, the two years duration is the default. So you should hire an injury lawyer as soon as possible. It helps to collect all vital documents that support your claims. Lastly, the time frame can also go from one year to ten years, depending on your case type and evidence.
FAQs
Below are commonly asked questions related to the topic. Drop down to get your quick answers.
How long after an accident can you sue in California?
In California, the government gives two years to file your personal injury claim against the negligent party. If the duration expires, you can lose your rights to recover damages.
Is the statute of limitations 7 years in California?
In some cases, the statute of limitations also depends on one to ten years in california. But its total depends on your case type, evidence, discovery, and other factors.
