California Personal Injury Statute of Limitations

It can be frustrating to have to deal with a personal injury case. After all, you didn’t ask to be injured because of someone else’s negligent behavior. It’s not fair that you should have to handle the fallout alone. That’s why hiring a expert personal injury attorney in Los Angeles for legal help can be beneficial. They can manage the details of your case while you focus on your recovery. When pursuing legal action, it is important that you remember the California personal injury statute of limitations to ensure your case is filed on time.

What Is the California Personal Injury Statute of Limitations?

In California, the statute of limitations for a personal injury claim is two years. That means you will have two years from the date of your initial injury to start building your case, gather the necessary evidence, speak with a lawyer, and file a claim for damage compensation. If you do not file before two years are up, your case will likely be dismissed, and you will lose your opportunity to pursue financial damages.

Building a personal injury case may not be as easy as you think. Gathering evidence takes time and effort. Even with the help of an experienced personal injury lawyer, it could take months to build a solid case. With the statute of limitations in mind, you should start building your case as soon as you possibly can.

Different Types of Personal Injury Cases

Personal injury refers to a legal situation where you suffered an injury because of someone else’s negligent, malicious, or ignorant behavior. There are so many different kinds of personal injury cases that you can make against parties who have physically wronged you. Here are some of the more common types:

• Car Accidents: Car accidents are some of the most common personal injury cases. A car accident can range anywhere from a minor inconvenience to a catastrophic nightmare, depending entirely on the circumstances. If someone else’s negligence causes your car accident, you can file a personal injury claim against them. You may have suffered broken bones, whiplash, strained muscles, bruising, and even loss of limbs. A car accident attorney serving Los Angeles, CA can assist you in building a strong case to seek compensation for your injuries.
• Traumatic Brain Injuries: Few injuries can be as life-changing and harmful to your health as a traumatic brain injury, also called a TBI. A TBI can occur from severe trauma to the brain, such as a blow to the head, a gunshot wound, or a bad fall. Holding the negligent party accountable for your TBI could aid in your recovery, and a traumatic brain injury attorney serving Los Angeles, CA knows how to develop your case effectively to secure the compensation you deserve.
• Construction Accidents: Construction sites are essential for ongoing infrastructure development, but they are also notoriously dangerous locations where accidents happen frequently. Falling debris, broken equipment, unseen pits, and crush injuries are not uncommon. If you suffer an injury on a construction site, a construction accident attorney serving Los Angeles, CA can build a case for damages, ensuring that those responsible are held accountable.
• Dog Bites: While dogs are generally friendly creatures, they can sometimes be aggressive. If a dog bites you and that dog has an owner, the owner is legally responsible for their pet’s actions. You could bring a significant personal injury claim against the dog’s owner, regardless of whether the dog has a history of poor behavior. A dog bite attorney serving Los Angeles, CA can help you pursue compensation for your injuries and hold the owner accountable for their pet’s actions.

FAQs About California Personal Injury Statute of Limitations

What Is the Time Limit to Sue Someone in California?

The time limit to sue someone in California depends largely on the nature of the claim you are trying to bring. For a personal injury claim, the time limit is two years. You have two years from the date of your injury to start building a case and bring a legal claim against the negligent party for compensatory damages. If you can’t file before the window expires, your case will likely be thrown out. It can take time to build a claim, so you should start as soon as possible.

What Damages Can I Recover?

In a California personal injury case, you can recover many different kinds of damages. Your settlement offer amount should reflect everything you have lost thus far because of your injury, along with additional compensation for emotional distress. You can pursue compensation for:

• Medical bills
• Lost wages
• Property damage
• Pain and suffering
• Any other losses you suffered

You may even receive punitive damages if the court deems it necessary. You should never accept a settlement amount if you feel it is underwhelming. An attorney can determine if an offer fully compensates your losses.

Should I Accept an Offer From an Insurance Company?

It is wise to never accept a settlement offer without first consulting your lawyer. Whether you should accept a settlement offer from an insurance company is entirely dependent on you. You should ask yourself how much you feel is appropriate for what you have been through. If the insurance company isn’t offering much, which they likely won’t be, you are under no obligation to accept it. Speak to your lawyer if you are concerned.

What Is Comparative Negligence?

Comparative negligence is a rule that anyone who pursues a personal injury claim against another party may have their compensation amount reduced by a certain percentage if they are found to be partially at fault for causing the injury in question. California abides by a comparative negligence rule. If you are found to be 40% responsible for causing the accident that injured you, your compensation package may be reduced by 40%.

Reach Out to a Personal Injury Lawyer Today

Dealing with a personal injury is never easy. You may be feeling overwhelmed, isolated, enraged, or just upset at your situation. It’s understandable. Holding the responsible party accountable for their actions can be a good way to start developing a sense of closure and give you the opportunity to start healing. An experienced personal injury lawyer can help you do just that.

The legal team at Heimanson & Wolf, LLP, can develop your injury claim, gather the evidence to support that claim and make sure you aren’t intimidated or guilted by insurance companies. Contact us to schedule a consultation with our firm.