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Statute of Limitations for Personal Injury Cases

Statute of Limitations for Personal Injury Cases

Updated on Thursday 09th February 2017

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Statute-of-limitations-for-personal-injury-cases-in-CaliforniaIndividuals who have suffered a personal injury in Los Angeles or in other Californian city are advised to take action as soon as possible. This is because the California laws imposes certain limitations to filing claims in a personal injury case.

Depending on your case, you can to get in touch with our Los Angeles personal injury attorneys and discuss your situation.

What is a statute of limitations according to the Californian laws?

The simplest definition of the statute of limitations is the timeframe in which a plaintiff, in this case an individual who has suffered a personal injury in Los Angeles or anywhere else in California, can file a claim and initiate a lawsuit for the accident suffered.  Personal injury cases in Los Angeles fall under the California Civil Procedure Code, Sections 335.1 to 340.

Depending on the accident suffered, it is best to ask Los Angeles personal injury lawyers to review the case and the statute of limitations it falls under to know how to proceed to obtain the best outcome and the right compensation.

What is the statute of limitations for personal injuries in Los Angeles?

The usual statute of limitations for a personal injury case in California is two years. However, there are situations, like personal injuries caused from medical malpractice which take time to be noticed. In this case, a special rule applies. The “discovery of harm” rule, as it is called, allows the plaintiff to file a lawsuit against the defendant within a year from discovering the injury. Mothers who have suffered birth injuries in California have the right to file a claim within 6 months from discovering it, if the hospital they gave birth in is a state facility. Another exception is if the defendant is a minor. In this case, the lawsuit will be stopped until the defendant reaches adulthood.

No matter the case, it very important to know that waiting for the statute of limitations to close in can cause more harm so immediate action should be taken and our Los Angeles personal injury attorneys should be contacted as soon as your condition allows it. Failing to do so, you will miss the chance to be compensated for the injury you suffered, as well as for the ulterior pain you will go through.

For assistance or more information on the statute of limitations in California, please contact our Los Angeles personal injury attorneys.

 

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