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California Statute of Limitations

San Jose Injury Lawyer Explains the Law

There are many laws that can affect your personal injury case, one of which is the statute of limitations. These are laws that set specific time limits on the length of time that you have to file a civil lawsuit against the party that caused the accident. These limits typically depend on the circumstances involved in the particular case and whether the victim is a minor or not. There are some factors that remain the same, however. The time period will begin on the day that your claim arises or the day that the accident takes place.

Unless a legal exception applies, once the statute of limitations has ended, you lose the ability to file a lawsuit. As the injured party, you will lose the ability to pursue a legal remedy. Therefore, it is essential to ensure that you take immediate action and file your claim at once. For most personal injury cases, the statute of limitations is two years to file a lawsuit against the negligent party. That includes claims for wrongful death and product liability. If you were harmed as a result of another individual's negligence, the two year limit will typically apply to your circumstance. The statute of limitations for medical malpractice claims depends on when the victim discovers the injury. This time limit ranges from one to three years.

California's Discovery Rule

If the injuries were not recognized until after the accident took place, there will be a one year time limit to file the claim starting the day that the injuries are recognized. After the injury is discovered, or reasonably should have been discovered, the statute of limitations is generally one year for most civil injuries. We know that this may be a very stressful circumstance, especially if you are not sure whether you will be able to meet the time limit. If you are concerned about losing your ability to file a personal injury lawsuit, it is essential to speak with a San Jose personal injury attorney at once.

Taking Action to Obtain Compensation

Anyone who has been harmed should remember that the time limits involved with a personal injury lawsuit are very strict. Failing to adhere to the statute of limitations can result in a dismissal of even the most legitimate case. Your best option is to obtain the legal experience our knowledgeable San Jose personal injury lawyer. This is not a situation that can be delayed. Once the statute of limitations has come to a close, so will every chance of obtaining the compensation that you deserve.


As soon as you are injured as the result of another individual's negligence, please contact our firm online or call (408) 912-2217 so that we can advise you about the most opportune course of action.


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