If you or someone you know become injured because of someone else’s willful doing or negligence, you are entitled to ask for compensation from the people at fault. You may demand that the responsible party pay for your medical bills and the cost of your therapy and long-term medication if any.
Do you need to file a personal injury claim if you are covered by your employer’s group disability plan? At Haffner Law, we strongly recommend that you do. You can consult an insurance attorney that specializes in disability insurance claims in Los Angeles and receive disability benefits. Still, you can only get them when a disability has developed (disability insurance gives you income when you’re unable to work because of your condition). Moreover, your group policy won’t cover hospitalization due to accidents.
If you want to receive compensation for your injury, you need to file a personal injury claim against the people responsible for the incident.
Statute of Limitations for Personal Injury Claims in California
While it’s important to allow your body to fully recover, you should be mindful of the passing time. Personal injury cases in Los Angeles are bound by statutes of limitations depending on the injury or the nature of the accident that caused it. If you go past the deadline, the California Civil Court System will refuse to hear your case. You will essentially forfeit your right to demand compensation.
The California Code of Civil Procedure Section 335.1 establishes the statute of limitations for personal injury lawsuits in the state. The standard period is two years, starting from the date of the incident. This statute applies to almost all types of personal injury lawsuits: battery, assault, and wrongful acts and negligence that lead to injury or death.
Exceptions to the Statute
California recognizes a few exceptions to the statute of limitations for personal injury lawsuits:
- Delayed Discovery – If you were unaware of a latent injury or had no reason to suspect that you were harmed by someone else’s negligence or wrongdoing.
- The victim is a minor – If you were under 18 years old at the time of the incident and had no legal capacity to decide regarding a lawsuit.
- The defendant left the state – If the people responsible for the injury left California after the incident, but before you could file a personal injury lawsuit.
The court may reconsider and extend the deadline for filing if your case meets any of these conditions.
The statute of limitations for personal injury lawsuits are also different for certain situations:
- When the defendant is a California city, county, or agency – The state only gives the plaintiff six months to file a personal injury claim against any of these government entities. The plaintiff must follow the correct federal procedures when filing the suit.
- Medical malpractice – When a medical professional causes someone’s injury or death, the victim or the family must file a claim within one year of discovering the negligence.
- If you’re filing a claim for damaged property – The deadline for this is three years after the incident.
Regardless of the nature of the injury, victims or their families should seek representation from an experienced personal injury lawyer. Insurance companies protect their interests, so they will likely try to deny your claims or give you less than you deserve.
Protect your interests by seeking legal representation from Haffner Law. We have personal injury attorneys who will assert your rights and negotiate for max compensation, whether in the mediation room or in court.
Get in touch with Haffner Law today.
(This is an attorney advertisement by Joshua Haffner)