Don’t Wait to Call a Los Angeles Injury Lawyer
When you are involved in any type of accident in Los Angeles or other California cities, it is important that you know how long you have to take legal action. If you do not take the time to find out this information, you may throw away your right to file a claim and seek compensation for your injuries and losses. This places the responsibility on you to pay for your medical bills, property damage, your loved one’s funeral and burial expenses, and other types of damages.
Therefore, while the statute of limitations may seem a little confusing and overwhelming, you must start taking the necessary steps to know and understand these laws regarding your type of accident or injury in California.
What is a statute of limitations?
According to the California Courts, a statute of limitations is the time limit that you are given to file a lawsuit against the party responsible for your accident, injuries, and other losses. If you let the deadline pass by, your claim expires and you can no longer file a lawsuit to seek damages. There are different statutes of limitations for different types of cases, which can range from a few months to a few years. That said, you should be aware of the timeframe that you are given to file your legal claim depending on the type of accident you have experienced.
Personal injury statute of limitations
The statute of limitations for personal injury lawsuits in California is two years from the date of your injury. If your injury is unknown at first or takes time to develop, you are typically given one year from the date that the injury became known. After this deadline passes by, your right to file a lawsuit for your personal injuries is no longer valid.
If you have suffered a personal injury in Los Angeles or other cities across California, it is crucial that you reach out to a personal injury lawyer as quickly as possible to start the legal process and ensure that your rights remain protected. The longer you wait to do this, the longer it may take you to receive the compensation that you are owed.
Wrongful death statute of limitations
California Courts states that individuals have two years to file a wrongful death lawsuit. Therefore, if your family member or loved one has passed away due to another person’s negligence, you have two years to take legal action. You must be the victim’s surviving spouse, domestic partner, child, stepchild, or parent in order to file a wrongful death claim. When you file this type of lawsuit, you may be eligible to claim certain losses, such as medical bills, funeral expenses, burial fees, loss of financial support or benefits, loss of companionship, and more.
Defective products statute of limitations
CCP 335.1 also covers the statute of limitations for defective products. You must file a defective product claim against the negligent party within two years. These are typically considered to be product liability cases, which are unique because the victim may not realize the harm or danger of the product they used or consumed until years later after visiting with their licensed physician. Once the doctor informs them about the harm that the product caused, the clock begins ticking, and they must file a lawsuit within two years from the date that they became aware of their injuries.
Civil sexual assault statute of limitations
CCP 340.16 provides two deadlines for civil sexual assault cases in California, which includes:
- Individuals who were sexually assaulted on or after their 18th birthday have 10 years from the last sexual assault act to file a lawsuit against the defendant. This includes any further attempts to sexually assault the victim.
- They can also file a lawsuit against the defendant for any injuries or illnesses within three years of the date of discovering any illnesses or injuries from the sexual assault.
Property damage statute of limitations
California’s statute of limitations also explains that you have three years to file a claim for any property damage you have experienced. Therefore, you must file a claim from the date that the damage occurred to get compensation. Individuals who have been in bicycle accidents, car accidents, truck accidents, or motorcycle accidents may have damage to their property for which they need to file a claim. By doing so, they may receive money to pay for their bike, car, or motorcycle to be fixed or replaced.
What do Los Angeles injury attorneys do for their clients?
After you hire a Los Angeles injury attorney to take on your case, there are certain tasks that they will get started on, such as:
- Tell you about your rights and the legal options you have.
- Investigate all facts of your case and go to the scene of the accident.
- Gather all evidence possible to support your side of the story.
- Communicate and negotiate with insurance companies.
- Evaluate all settlement offers and appeal or counteroffer if necessary.
- Build a strong and aggressive case against the defendant.
- Support you and answer any questions or concerns throughout the legal process.
- Find eyewitnesses and hire expert witnesses to help prove your accident and injuries.
- Prepare to go to court and stand up to individuals or large and powerful corporations for their negligent behaviors.
If you suffer injuries from an accident that occurred in Los Angeles, the injury attorneys at McNicholas & McNicholas, LLP are here to inform you about your rights and ensure that you do not miss any deadlines. Our team knows and understands that statutes of limitations can be stressful, frustrating, and puzzling, which is why we are happy to provide you with the best legal advice possible as well as guide you through the entire legal process. Call our office or submit our contact form to schedule your free and convenient case evaluation with one of our lawyers today.
As one of the leading trial lawyers in California, Partner Matthew McNicholas represents victims in a range of areas, including personal injury, wrongful death, employment law, product liability, sexual assault and other consumer-oriented matters. Learn more about his professional background here.