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.
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 335-349.4, 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 neglect of another person. We also have a specialized team of 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 misappropriated surgical instruments, those that have been left behind in a sutured would. 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. We also have a team of medical malpractice attorney Los Angeles who can help you.
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 clearly caused by another person. We also have a team of truck accident attorneys in Los Angeleswho 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, our Los Angelespersonal injury attorneys can also help you 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 our Los Angeles personal injury attorneys within the two-year deadline. We will help you build a solid case and obtain monetary compensations for your losses. Whenever possible, our lawyers will do their best 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 does not discover 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 all other cases, the statute of limitations for medical malpractice is 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, damages are limited to a certain amount, usually the economic damages grant multiplied by a single digit number.
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
Our 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. Our attorneys will 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.
Our personal injury lawyer in Los Angeles
Marc Y. Lazo is specialized in personal injury cases as well as in complex business and commercial litigation. He has tried numerous cases to successful verdict and has obtained multiple six-figure judgments in both state and federal court.