How long do I have to file a personal injury lawsuit?

On Behalf of | Jan 30, 2019 | Catastrophic Injuries |

There are lots of things in California that could cause an accidental injury, and recovery times from injuries can span into years. Victims’ ability to claim financial compensation from the people and institutions who caused an injury are limited, and claims should begin as soon as possible.

How long do I have to claim damages after an injury?

Section 335 of California’s civil procedure code gives injured people up to two years from the date of injury to file a claim for financial damages in civil court. If a person was restrained against their will with no physical injuries as a result, a claim for liability for false imprisonment can be asserted within a year of the person’s release or escape.

What if a doctor or other professional caused my injury?

A doctor’s error or misstep in causing an illness or injury would be considered professional malpractice, and these claims are often more complicated because someone may not immediately know that a professional caused a problem. As such, the victim of medical malpractice has up to a year to claim damages after the discovery of a medical problem that caused injury or illness. If an injury is known immediately, the person has up to three years to claim damages.

What can I do if a statute of limitations has passed?

California courts will not allow a lawsuit to be filed on an issue after the applicable statute of limitations has expired. This is to ensure the swift application of justice and create fairness for people who may have a lawsuit hanging over their future. It is recommended to consult with legal representation as soon as possible after an injury to increase the chances of a successful claim.