Statute of Limitations
Car Accident Injuries Los Angeles California Attorney
If you have been a victim of personal injury, you have a limited amount of time in which to file a claim. This is called a statute of limitations. Statute of limitations is a statute in a common law legal system setting forth the maximum period of time, after certain events, that legal proceedings based on those events may begin.
When The Time Expires
Once the statute of limitations on a case runs out, if a party raises it as a defense any further litigation is foreclosed and you may not be entitled to receive any compensation. However, most jurisdictions provide that limitations are tolled under certain circumstances. Tolling will prevent the time for filing suit from running while the condition exists.
Exceptions to Statutes of Limitations
The only exceptions to personal injury statutes of limitations are claims against government agencies. Depending on the state, plaintiffs have from 30 days to one year to file suit. And as with any other personal injury claim or lawsuit, these will be permanent barred if not filed within this time period.
When Statutes of Limitations Begin
Generally, statutes of limitations are activated the day of injury. For example, if you were injured yesterday in an car accident, the restrictive time period in which you must file your personal injury lawsuit began yesterday, as well.
In California, for example, the statute of limitations for most personal injury actions (including those resulting from car accidents) is one year from the date of the accident.
However, many personal injury victims are not aware until well after they are harmed that someone else may be to blame for their car accident injuries. In such cases, statutes of limitations become active when the injury is discovered. For example, if a surgeon leaves a medical instrument inside a patient's body and that patient seeks treatment a month later for severe pain, the statute of limitations begins the day the mistake is discovered.
But if a patient delays treatment for months after first experiencing pain, the statute of limitations begins not the day he is diagnosed but rather, the day he first noticed symptoms. Delaying treatment does not extend the statute of limitations.