What is the Statute of Limitations for a Personal Injury Lawsuit?

Aug 25,2017

The statute of limitations for a personal injury lawsuit is the amount of time you have to file a suit. These limits vary by state and by the type of lawsuit you are filing. It is important to understand the statute of limitations so that you do not wait until it is too late to file a lawsuit.

Negligence Cases

Most personal injury lawsuits are negligence cases. Negligence encompasses cases such as car and truck accidents, motorcycle accidents, slip and fall cases, and dog attacks. For these cases, California’s statute of limitation is two years from the time of the incident, or two years from the time the injury was discovered or should reasonably have been discovered.

Wrongful Death Lawsuits

When negligence causes the death of a loved one, you have one year from the time of the death to file a wrongful death lawsuit. Exceptions to this statute are asbestos-related deaths and deaths due to medical malpractice.

Medical Malpractice

In cases of medical malpractice, an adult has three years from the time of the injury to file a claim. If the injury was not discovered right away, you have one year from when the injury was discovered, or should reasonably have been discovered. Exceptions to this rule are cases where a foreign object was left inside the patient’s body, or where there was fraud or intentional concealment of the medical mistake.

The statute of limitations is a bit different for minors. Minors have either three years from the date the injury occurred, or any time prior to their eighth birthday.

Keep in mind that government-owned medical facilities have different requirements. You are usually required to file an administrative claim within six months of the injury, before filing a lawsuit.

Products Liability

If a defective product caused your injury, you have two years from the time the defect is discovered, or when it should have reasonably been discovered, to file a products liability lawsuit.

“If you have been injured, seek the help of a personal injury attorney as soon as possible. Don’t wait until it’s too late to make your case,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.