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Deadline for Filing a Personal Injury Lawsuit in California

Civil lawsuits including personal injury claims must be filed within a certain time period. Failure to file a claim in the court of law within the statutorily allotted timeline will eliminate a victims right to legal and financial compensation.

Statute of Limitations for Filing a Personal Injury Lawsuit in the State of California:

In the state of California victims of bodily harm (personal injury) must file a case in the court of law within TOW YEARS from the date of the incident.

Special Rule for Claims Against Government Entities – Federal and State Government: Claims against government entities must first be filed with the agency in question within SIX MONTHS (180 days) from the date of the incident. Once the government agency has denies a claim a plaintiff will have TWO YEARS from the date of incident to file a claim in civil court.

Special Rules For Children: Minor under the age of 18 have TWO YEARS from the date of their 18th birthday to file a personal injury lawsuit in the state of California.

Tolling of a Statute – Exceptions Allowed By Court to Filing a Claim Past the Deadline: In certain circumstance victims of personal injury are granted a tolling of the statute of limitations allowing for a lawsuit to be filed in the court of law. Some of the most common instances where courts have granted an exception to filing a case past the statutorily deadline are as follows:

  • Mental incapacitation of the victim.
  • Physical incapacitation of the victim.
  • The victims did not realize the injuries were caused by the wrongful actions of another.
  • The injuries did not manifest themselves until a later time.

Compensation Available For Victims: Victims of serious injuries are entitled to financial restitution for all the harms they suffered. Types of harms compensable in a personal injury lawsuit include medical and rehabilitation expenses, pain and suffering, lost wages and loss of future income, and punitive damages.

Legal Assistance:  If you have any legal questions regarding your claim feel free to contact our law firm toll free (800)790-5422. All confidential legal consultations regarding your injuries are provided by our attorneys free of charge.



 

 

 

 

 

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