Are there any time limitations for bringing a personal injury or wrongful death lawsuit?

Are there any time limitations for bringing a personal injury or wrongful death lawsuit?

There are always time limits imposed on your right to seek recovery for the wrongful act or neglect of another. This time limit, called a statute of limitation differs depending on the type of case and defendant.

In California, a personal injury case can be filed up to two years from the date of the injury for a simple negligence claim. However, if medical negligence causes the injury, that time limit is shortened to one year from the date of discovery of the injury. If the defendant is a public entity, a claim must be filed with the public entity within six months of the date of the injury. If any of these deadlines expire without filing a claim or lawsuit, the victim’s right to sue may be forever barred.

For quality legal representation, please contact our personal injury attorneys at Sacramento & Elk Grove-based John M. O'Brien & Associates by calling 1-800-722-4176 or send us an email and someone from our office will be in touch with you shortly.

DISCLAIMER:  This article is not a substitute for legal advice and in no way constitutes legal advice or gives rise to an attorney-client relationship. Adequate counsel is fact-dependent and requires independent analysis and inquiry specific to your situation and circumstances. This article is simply meant as a guide to explain in general and brief terms certain issues and serves to provide general information. Contact John M. O’Brien & Associates at 916-714-8200 if you require legal help or wish to seek legal advice for your specific legal issue(s).