How Long Can I Wait Before Filing a Lawsuit?

When you are injured because of another person’s negligence, how long can you wait? If you wait too long, you will never have a right to receive compensation for your injuries. This deadline for filing a lawsuit is called the Statute of Limitations. Once that date passes, you are out of luck.
Your attorney will want to investigate before actually filing a lawsuit, so don’t wait until the last minute.
Here are some of the statutes of limitation that apply to personal injury cases in California.

• When you are injured through someone else’s negligence, you have 2 years from the date of the injury.
• When you have a claim of medical malpractice, you have 1 year from the date you discover the injury. It also must be within 3 years of the doctor’s negligence.
• When you have a claim against the government, you have 6 months to file a claim. You then have another 6 months to file a lawsuit once your claim is rejected.
• If you are a minor, the clock normally starts ticking on your 18th birthday.

Although there are some exceptions to these rules, you should talk to an attorney as soon as possible.


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Barnett & Bennett Law Firm

712 Empire Street,
Fairfield, CA 94533

P: 707.425.0671