Most types of lawsuits in California have a set time limit for filing. This is for the purpose of solving the case in a more direct and timely manner, as this also helps make the evidence easier to find and collect.
After being in an accident that has caused you personal injury, it is understandable that you do not want to worry about suing, going to court, dealing with lawyers, etc. But, these steps are crucial for your claim to be valid and to proceed legally. For this reason, the law establishes this period of time within which you can file your lawsuit, known as the statute of limitations.
Depending on the type of demand, times may vary. The time frame for personal injury claims is two years from the time of the accident or injury you sustained. If you were unable to identify the damage early on, the time you will have to file your claim would be one year from the time you or your doctor identify the symptoms. For example, if you suffered a traumatic brain injury in a car accident caused by someone else, but symptoms did not present immediately, you may have a year from the time of diagnosis.
Although the law allows ample time to file a lawsuit, the recommendation is always to act as soon as possible. The advantage of filing a claim right away is that all the details about the injury are fresh and easily accessible, and the evidence is more readily available. Evidence such as police reports, medical information, bills, photos, and videos are always easier to come by in the days and weeks following the incident. Remember that evidence is crucial in order to obtain fair compensation.
If more time passes than the stated time, and you decide to file a personal injury claim, this will no longer be possible. After two years, it will no longer be valid for the state, and they will not consider your case.
Lawyer Herrera will always be available to answer your questions and accompany you during any personal injury legal process. Do not hesitate to contact our firm in case you need support.