blog

How long do I have to File a lawsuit for injuries suffered from an incident?

Claims For Personal Injuries

California Civil Procedure Code § 335 states that all claims for personal injuries must be brought within two years of the incident.

Claims For Property Damage

California Civil Procedure Code § 340 states that all claims for property damage must be brought within three years of the date of the incident.

Claims For Personal Injuries Brought By A Minor

California Civil Procedure Code § 352 states that the statute of limitations to bring a lawsuit for a minor begins when they turn eighteen years old, and the years to bring a lawsuit begins then.

Claims For Injuries From Assault and/or Battery

California Civil Procedure Code § 335 states that injuries from an assault and/or battery must be brought within two years of the incident.

Claims For Medical Malpractice

California Civil Procedure Code § 340 states that injuries from medical malpractice must be brought within one year from the date of discovery of the injuries or three years from the moment of wrongdoing, whichever occurs first.

Claims For Fatal Injuries

California Civil Procedure Code § 335 state that injuries resulting in death must be brought within two years from the date of injury/death.

Claims For Injuries Against Government Entities

California Civil Procedure Code § 342 and Government Code § 911 state that injury claims against government entities must first make a pre-lawsuit claim within six months from the date of injury. Then, the time period to file lawsuit runs six months after written denial of the claim or two years from accrual if no written denial is made.

Claims For Property Damage Against Government Entities

California Civil Procedure Code § 342 and Government Code § 911 state that injury claims against government entities must first make a pre-lawsuit claim within six months from the date of injury. Then, the time period to file lawsuit runs six months after written denial of the claim or two years from accrual if no written denial is made.

Claims For Injuries Extended By Victim’s Prison Sentence

California Civil Procedure Code § 352 states that if Plaintiff is imprisoned, the time to bring a lawsuit is tolled until the plaintiff is released or for period of two years, whichever occurs first.

Claims For Injuries Extended By Victim’s Serving In The Military

Title 50 of the United States Code § 526 states that if Plaintiff is in the military, the time served in the military is to be excluded when computing the statute of limitations.

Consult with an attorney

Lawyers are not experts in math, but they are experts in the law. Filing a timely lawsuit requires meticulous work, and it is important to have an attorney on your side to make sure all rights are protected and to ensure maximum recovery from the claim. When deciding on whether filing a lawsuit, make sure to consult with an attorney near you.

Do not wait, never hesitate, and reach out to a professional attorney who is ready to work for you.