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.
Other California Personal Injury FAQs
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Q:
I Was Injured. Can I File A Lawsuit Against The Party That Caused My Injury?
A: You can make a claim against another party if they are at fault for your injuries. In general, when a person is injured as a result of another person's negligence, … More -
Q:
How Will My Claim Be Processed?
A: If the person who caused your injury has insurance, an insurance adjuster will gather the pertinent records including medical records, medical bills, wage loss … More -
Q:
Who Is Responsible When A Person Is Injured?
A: The law of personal injury is concerned with determining who may be responsible for your injuries and how much they should be required to pay for your damages. … More -
Q:
How Do I Decide If I Need To Hire An Attorney?
A: There are situations where an attorney is unnecessary, such as very small cases. Small claims court in California will handle claims up to $5000. If your injury is a … More -
Q:
How Much Will An Attorney Cost?
A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More -
Q:
How Can I Determine How Much My Claim Is Worth?
A: For purposes of settlement, a claim is valued upon an estimate of what a jury would likely believe the case to be worth, taking into account the severity of the … More
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