Know Exactly how much Time you have to File a Personal Injury Claim or Lawsuit
In the state of California, a written Notice of Claim for personal injury cases must be presented to the correct governmental entity within six calendar months of the time you knew or should have known about the injury. That means that after 180 days or so has passed since your accident incident, you may only have the right to petition for filing a late claim. We here at the Law Offices of William C. Bibb are well-versed in state and federal guidelines regarding filing deadlines, and have the resources to expedite the claims process.
This important time limitation is contained in the Government Code. The contents of the claim must conform to the requirements of Government Code section 910, et seq. Except in the case of a very few circumstances, failing to comply with the terms of the government code could leave you without the legal option of recovering any monetary damages for your serious injury.
California Code of Civil Procedure section 335.1 limits the time period for bringing legal actions for incidents that cause injury or death due to the wrongful conduct of another to two years.
There are many other important statutes of limitation and claim presentation provisions under state and federal law that can bar a personal injury plaintiff from filing a claim or lawsuit for money damages, according to the mere passage of time. That is why it is so important for you as the injury victim to understand such legal stipulations, and consult with an experienced personal injury attorney immediately following being involved in any type of accident incident.
It is also important to keep in mind that other types of tort cases like Medical malpractice claims involve completely different statutes of limitation -- you can be limited to having only one year to file a claim in some cases! Beyond that, you could only have six calendar months to file a lawsuit against a district hospital.
Another important aspect of proving a medical malpractice case is the ability to secure crucial evidence. For example, gaining prompt access to the defective product that injured you or your loved one can make all the difference in illustrating liability. Subjecting a defective product to early expert review and establishing a chain of custody is crucial to proving negligence and causation in many cases.
It is always to the advantage of the injured party to retain a qualified attorney as early as possible.