If you have been injured in an accident in California, you are legally allowed to receive compensation for the harm you suffered as a result. You may be eligible to receive substantial compensation for your medical expenses, lost wages, and pain and suffering directly related to the incident. A victim of a California accident can receive compensation by filing a personal injury lawsuit against the at-fault party. However, the State of California has strict laws and procedures for filing a lawsuit, and you must follow the rules to receive fair compensation. In particular, any injured person who wishes to file a personal injury lawsuit must file it on time and serve it on the other party.
What is a Statute of Limitations?
A Statute of Limitations is a law that refers to the time limit a person has to file a civil lawsuit. Each state has its own law, which details how and when a person can file their claim. Statutes of Limitations are enacted by the legislature so that lawsuits are judged fairly. For instance, if someone were to bring a lawsuit after 40 years, many witnesses and evidence would be lost. It would not be fair to bring a suit after so much time has passed.
As such, a Statute of Limitations law prevents a delayed suit to ensure fairness to all parties. Pretty much all civil and criminal cases must follow the time limits of the Statute of Limitations law. Only the worst felony crimes, such as murder, do not have any Statutes of Limitations. However, the California Statute of Limitations are very strict, and any injured person must act swiftly in filing their lawsuit.
The Statute of Limitation Law in California
In California, the law regarding the time limit to bring a personal injury lawsuit is codified in California Code of Civil Procedure section 335.1, which states that a claim must be filed within two years after the incident. In particular, the two years officially starts running at the date of the accident. Any lawsuit brought after the two-year deadline is barred, which means your claim and rights will be lost after that time has passed.
The California Statute of Limitations for property damage has a different time period, however. If you have been in an accident and suffered property damage, such as damage to your motor vehicle, then you have three years to file a lawsuit. Thus, if you did not suffer an injury but only property damage, then you have a little extra time to file a claim. Of course, time is of the essence in all lawsuits, so you want to be prudent in adhering to all rules and procedures. If you or a loved one has been in an accident, it is always recommended to seek the consultation of an experienced personal injury law firm.
A California Personal Injury Lawyer Can Help You Receive Maximum Compensation
If you have been a victim of a car accident that was not your fault, consider contacting an accident attorney immediately to help file a timely claim. If you have been injured, you are most likely dealing with a lot of personal pain and mental anguish. Having an attorney represent you will relieve stress by knowing your lawsuit is properly filed. The prominent California personal injury attorneys at Brown & Gessell state that many people lose out on substantial financial compensation simply because they do not know how to file a lawsuit on time correctly. Reach out to a personal injury lawyer today to learn more about accident law and compensation.
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