When Is It Too Late to File a Personal Injury Claim?

Statute of Limitations

Alarm clock next to calendar signifying importance of knowing your personal injury claim deadline

After an accident or grievous personal injury, it’s understandable that you might not want to take action on your case immediately. Physical and emotional trauma are valid reasons for not wanting (or not being able) to revisit the traumas of an accident. However, it’s important to understand that if you wait too long, your chance to pursue a personal injury lawsuit settlement is limited, and may be gone before you decide to act.

The first thing to know about personal injury lawsuits is that the amount of time that has passed before you can no longer take action or get compensation for an accident varies greatly on a case-by-case basis, and is dependent on state laws. This is known as the statute of limitations. For example, the statute of limitations in California for a medical malpractice injury is around three years – after that, you cannot take the party responsible for the injury to court. However, if the injury in this case isn’t discovered until a later date, the three years starts at the date of discovery. Keep in mind that this varies depending on which state you’re in, and that other factors can affect the statute of limitations as well.

Another major factor is the different types of personal injury cases. For some claims, you need to move particularly fast – like when a public entity in California is at fault, such as the state, city, or county. Under these conditions, you only have six months to file a claim. However, there are also certain circumstances where you may be granted additional time to file a claim – such as extensions for those who were under the age of 18 at the time of the accident.

If you’ve been the victim of an accident and you’re thinking of hiring a personal injury lawyer, it’s necessary to first to understand the statute of limitations for your state and type of accident. Because each case is different, it’s important to consult an attorney as soon as possible – and that’s where Super Woman Super Lawyer comes in.

With over 20 years of experience and more than $750,000,000 recovered for her clients, Maryam Parman’s firm is adept at helping individuals in California, Nevada, and Arizona earn what is due to them.

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