Time Limit on Your Personal Injury Case: Statute of Limitations

Time Limit on Your Personal Injury Case: Statute of Limitations

You may have heard the phrase “There’s no time limit on recovering,” before. While this is something that may be true for other walks of life, it couldn’t be further from the truth when talking about your personal injury claim. This is due to what’s called the “Statute of limitations,” which is the amount of time in which an injured victim has to file a lawsuit. If the lawsuit isn’t filed within this time period, the plaintiff will lose their legal rights to recover damages.

The statute of limitations for a Los Angeles personal injury case begins as soon as the victim is aware of their injuries, and for most general personal injury cases, must be filed within 2 years.

I Missed the Filing Deadline, Now What?

If you attempt to file a personal injury claim more than 2 years after the incident, it’s almost guaranteed that the part you are suing will bring this up in court, which will likely end with the judge swiftly dismissing your case. This means you will have lost your right to seek compensation for your injuries, regardless of their severity.

Unless you are eligible to receive an extension of the statute of limitations, which typically only happens in rare situations.

Los Angeles Statute of Limitations Exceptions

Because there are some things that are out of your control, California has recognized this and put appropriate “extension periods” in place. Some examples of situations which may allow you to receive an extension to the standard 2-year deadline include:

  • Delayed discovery - This is when the injured victim is completely unaware that the negligence of another individual caused injuries.

  • The victim was under the age of 18 or lacked “the legal capacity to make decisions.” For example, if the victim was suffering from a temporary or permanent mental illness.

  • The individual at-fault was not in the state of California following the accident before the lawsuit could be properly filed.

If you’re looking for answers about your potential personal injury case, we would love the opportunity to discuss your case over a free consultation, to see how we can help. Call us today at (800) 905-8777 to schedule, before it may be too late.

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