The statute of limitations sets a time limit for when an individual is able to file a lawsuit after an injury. We are here to ensure you meet all of your timeliness deadlines.
If this ever-important deadline is missed, the court may dismiss your entire case, resulting in your lost time, and expenses, and resulting in the loss of any compensation you are entitled to. Here’s what you need to know about the statute of limitations on your Orange County personal injury claim.
What Happens if You Miss the Deadline?
In California, the statute of limitations on a personal injury case in most instances is set at two years from the date of the injury. This time period applies to all personal injuries such as motor vehicle accidents, product liability, and injury due to defective products to name a few.
In most cases, once the statute of limitations has expired, your case is dismissed and you can no longer move forward. This holds true despite the amount of evidence in your favor and proof of fault that has been shown. If you are negotiating with an insurer, they will be immediately aware that the deadline to file a suit has passed and you will no longer have the leverage needed to be awarded higher compensation.
Why Does a Statute of Limitations Exist?
Some may feel that a two-year deadline is very strict. However, this law encourages claims to be brought to legal attention as soon as possible. This assists the courts in running more proficiently without the backlog of old cases, and it also ensures that your case is as strong and relevant as it can be.
If your claim involves witnesses or video and surveillance footage, tapes may no longer be available and witnesses may no longer properly remember the details in order to be beneficial to your case. Filing timely increases the possibility that you will be successful in being awarded the compensation that you deserve.
What are some Exceptions to this Two-Year Rule?
The majority of personal injury cases are held to the two-year statute of limitations, but there are some exceptions. For a personal injury claim by a minor, the clock may be stalled until that individual reaches 18 years old.
If you are filing a claim against a city, county, or government agency, you only have six months to do so. Talk to your attorney about moving fast to get compensation.
Get Legal Aid Meeting Deadlines
When you’re hurt, meeting the deadlines you need to make for your claim to succeed can be tough. Luckily, you don’t have to take action and risk acting too slowly.
The highly experienced attorneys at Kohan & Bablove LLP will ensure that all deadlines are met and your suit is filed timely and successfully. We are well-versed in all of the standard timelines and the exceptions to those rules. Don’t let time slip away. Call us today at 1-844-404-2400 or fill out the following online contact form for more information.