Is It Too Late to File My Injury Claim?

Injuries are a widespread occurrence across the nation. Thousands of people are injured at home, at work, and in the community every year. However, when these injuries could have been prevented with better care on the part of someone else, those who are injured could sue the responsible parties for damages.

Some people make the mistake of assuming they have all the time in the world to file a personal injury claim, particularly if they have solid proof of the responsible party’s negligence. However, they couldn’t be more wrong.

Almost all personal injury cases have a time limit called a statute of limitations on them. A statute of limitations prevents a person from filing a personal injury suit after a specific period of time. The state of California gives people two years from the date of their injury to go to court and file a lawsuit against those responsible. If people fail to file in time, the right to compensation for the damage will be lost.

In some cases, however, the statute of limitations will be enacted after the date of discovery. For example, if someone developed cancer because of a product they used ten years ago, they could still sue the company who made the product for damages because they only just recently discovered the cancer.

If the responsible party is a city or municipality, you likely have even less time to file your claim. In California, injured people have 180 days from the date of an accident to file a notice of a claim directly with a government agency. The purpose of this notification is to inform the agency of the facts and circumstances surrounding the accident and to let the agency know that if a resolution isn’t reached, the person plans to file a lawsuit.

If you need help determining if you have a suitable case for a personal injury lawsuit, don’t hesitate to talk to one of our San Jose personal injury attorneys. We’re happy to help.

Contact us at (408) 502-5643 or fill out our online form to schedule a free case consultation today.