If you want to file a personal injury case or any type of civil case, you must do so by a specific time. The law places a limit on how long you can take to file your case called the statute of limitations, according to the California Courts.
The statute of limitations differs for each type of case. It may also vary depending on who you wish to sue.
Personal injury cases
For personal injury cases, you generally have two years from the date of the injury. If the injury is something that is not apparent immediately, then you have one year from the time you become aware of the injury.
If property damage is part of your case, then you have three years to file that portion of your lawsuit.
If your personal injury case is against a government agency, you have less time to file your case because the statute of limitations is only six months from the incident. There are some exceptions that allow you up to a year to file.
When filing a case against the government, you must use government forms and file a claim first. If you receive a denial, then you can sue. Because of the strict time limit, it is essential to make sure you file your claim right away and do so properly.
Figuring statute of limitations
While it may seem straightforward to figure out the statute of limitations for your case, that may not be the reality. Many times, figuring the time limit is complex and requires legal assistance to ensure you know exactly when it runs out.