Uploaded on Jul 13, 2022
In the world of personal injury lawsuits, the statute of limitations is an important law that concerns how long or short a client has to sue for damages in civil court. In some cases, it's a thorny question as to whether or not you can even bring a lawsuit in court after your statute of limitations has expired. To know about it then read our blog post now!
Statute of limitations in personal injury cases
Personal Injury Lawsuit Statute of Limitations
The statute of limitations is a state rule that establishes a fixed deadline for filing a
personal injury lawsuit. Each state and federal government has its deadlines for
different types of cases. A personal injury lawyer in Sacramento can help you get
through the process of filing your case. Do you know how much time California state
law gives you to act if you intend to file a personal injury case? You may lose your
right to compensation if you wait too long. It's important to understand the personal
injury statutes of limitations before filing.
Here, we will shed some light on the topic.
Can You Sue After the Statute of Limitations?
No, you cannot! When the statute of limitations ends, you lose the right to sue. In
California, personal injury lawsuits must be filed within two years of the accident or
damage. A few exceptions can influence this duration, but two years is the standard
timeframe. Your legal right to sue the other party ends once that period has passed.
Although two years may seem enough, you must speak with a experienced personal
injury or auto accident lawyer in Sacramento to start the process and protect
your rights. As your attorney obtains the evidence, you can file the case.
Can The Statute Of Limitations Be Extended?
Under the following definitions and distinctions, your state may extend the statute of
limitations.
Statutory Discovery Rule
According to the "discovery rule," the timeframe on the statute of limitations might
not begin until the victim of the injury knew that they were hurt. For instance, in
asbestos cases, mesothelioma or another asbestos-related ailment would not appear
until years after the plaintiff had been exposed to asbestos-containing materials.
Injured Minors
If you are a minor at the time of injury, the state will wait until you turn 18 years
before the "clock" on the statute of limitations begins to tick. Therefore, in California,
where the statute of limitations for personal injury lawsuits is two years, if you are
wounded in a car accident as a passenger at the age of 15, you will be given time
until the age of 20 to file a lawsuit.
Special Deadlines for Special Cases
Most states have special deadlines allotted to cases as follows:
1. Medical malpractice cases.
2. Civil lawsuits over sexual assault.
3. If the person becomes debilitated.
4. Leaving state between the incident and lawsuit filing.
Conclusion
If you or your loved one is hurt in an accident in California and want to know more
about legal rights, get in touch with an attorney. Speaking with an expert can save
you trouble and guide you through the process.
Article Source:
https://www.doinjurylaw.com/personal-injury-lawsuit-statute-of-limitations/
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