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

On Behalf of | Feb 9, 2020 | Personal Injury

Sometimes injuries in California do not impact your life immediately following the injury. Perhaps you have debated on whether to file a lawsuit against the business or person. However, you do not have forever to file a suit if you plan to receive any compensation.

The California Courts specify the statute of limitations for personal injury lawsuits. While some crimes have no statute of limitations such as murder, you must file most types of lawsuits within certain time frames. The general statute of limitations for your personal injury case is two years from the date of injury.

For example, you fall on the premises and hurt your back. You argue with the business’ insurance for compensation. When none happens, the clock is still running on your case. File within the two-year time frame to try to obtain compensation.

There are some exceptions to the two-year limit. If it took time for you to notice the injury, you have a year starting from the date you noticed it. Minors, mentally insane persons, and those in prison or out of state may have their limitation tolled for a specific amount of time determined by the court.

Personal injury includes not only slips and falls on a property due to the owner’s negligence, but they also include the intentional or unintentional harm someone inflicted upon you. Harm includes emotional distress and physical injury.

Filing a claim against a government entity has special conditions and limitations than private entities and persons.