Los Angeles is a multifaceted city on the southern coast of California. It’s known for high income, extreme disparity, expensive housing, and tremendous cultural contributions. With this much diversity, personal injury claims are common, and knowing the statute of limitations becomes very important. If a person does not file a claim within the statute of limitations, they typically lose the opportunity to obtain compensation for any injury.
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What is the Statute of Limitations?
A statute of limitations is a law that delineates the amount of time a person has to file a lawsuit. In California, if a person brings a claim for injury, such as an auto accident claim, a slip and fall claim, or a negligence claim, they must file a claim, generally, within two years from the date of injury. After two years, the courts may block the claim.
Courts set deadlines plaintiffs must comply with them when filing lawsuits so that they can ensure fairness and effective resolution of disputes. A top injury lawyer in Los Angeles says that cases should be assembled soon after the incident has occurred so that the plaintiff, the witnesses, and other evidence are fresh in everyone’s mind. Evidence deteriorates with the passage of time, which can affect your chance at filing a claim.
Exceptions That May Allow for More Time
While the two-year rule is very much the rule of thumb, there are exceptions. Each state has its own statute of limitations for outlining the length of time someone has to file a claim, and each type of claim can have its own regulations. When it comes to government entities, such as the Los Angeles Department of Transportation, statutes are much shorter and often only provide six months to file the first notice of claim.
The Repercussions of Failure to Apply the Statute of Limitations
If a claimant does not file an action for a personal injury case within the statute of limitations, it will bar recovery. Insurance companies and defence attorneys know this and always check the filing dates before they get into fault or damages, since catastrophic injuries would mean little if the case has passed the statute of limitations. This is why it is essential to know the deadlines, as it’s also just as important as learning to collect police reports or medical records.
Statutes for Medical and Wrongful Death Cases
Medical malpractice cases in Los Angeles have special rules and timeframes. Victims need to file the case no later than three years after the injury occurred or one year after the injury was discovered by reasonable means, whichever occurs first. Wrongful death claims must be filed within two years, but the rule mentions the date of death, not the injury. Since different types of cases come with unique situations, no timeline is uniform across all personal injury claims.
Key Takeaways
- Most personal injury claims must be filed within two years of injury in Los Angeles.
- There are exceptions for minors, other government claims, delayed discovery of injuries, and medical malpractice-type claims.
- Missing the deadline will almost always end one’s chance of recovery.
- No timeline is uniform across all personal injury claims.
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