When you are involved in an accident that was the result of someone else acting recklessly or negligently, you may have grounds for a personal injury case. However, you do not have an unlimited amount of time to file your case. At The Law Offices of Larry H. Parker we can help you with your case and suggest you contact us at 800-333-0000 as soon as possible for a free legal consultation. Read on to learn about some of the statute of limitations issues you may come up against.
- California Code of Civil Procedure Section 335.1
- California Code of Civil Procedure Section 338
- California Code of Civil Procedure Section 340.5
- California Government Code Section 911.2
- California Code of Civil Procedure Sections 337 and 339
California Code of Civil Procedure Section 335.1 states that if you are making a claim of battery, injury, or assault due to negligence (this includes wrongful death claims) it must be brought within two years of the d ate of the incident. There are exceptions, such as injuries that are not discovered within that first two years. However, you should never count on an exception – contact an attorney as soon as you understand the extent of your injuries.
This section requires that if you are bringing an action to recover property value (including repair costs) then the case must be filed within three years of the date of the accident.
If you have a case for medical malpractice that resulted in injury or death, then it must be filed within one year of discovering that there was medical negligence. This covers cases brought against doctors, nurses, nursing homes, hospitals, and other medical facilities.
If you are taking action against any government entity, including the state, a city, town, or county, or any department or division run by them, then your first move must be to file a Government Tort Claim. You have just six months from the date of the accident to file this Claim. If the claim is denied (which is generally what happens) then you only have another six months from the date the denial was mailed to file a civil action. However, if the claim is not denied then you have two years to file a suit.
It is possible that your personal injury claim depends on written or oral contracts. According to Section 337, you have a four-year statute of limitation on written contracts while Section 339 provides a two-year deadline for any oral contract. The clock for these statutes of limitations runs from the date of either the breach of the agreement or the date the breach of agreement was discovered.
As you can see, it is important to act quickly after an accident. If you believe you have grounds for a personal injury claim then we urge you to contact The Law Offices of Larry H. Parker at 800-333-0000 right away. We will get you started with a free legal consultation.