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How Long Do I Have To Hire An Attorney?

The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In California, an action for injury or death caused by the wrongful act or neglect of another must be filed within one year of the date of injury or when a person discovers an injury has occurred. The discovery rule provides that a suspicion of wrongdoing, coupled with knowledge of the harm and its cause will commence the limitation period.

In certain special instances, the limitation period may be tolled. If the claimant is under the age of majority or insane, the time of the disability is not part of the one year time limit. If a claimant is imprisoned, the time of that disability is not part of the limitation period, not to exceed two years.

Where a government entity is involved as a defendant, a claim must be filed with that government agency within six months.

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