Question: I was injured in an auto accident. Are there time limits for starting a lawsuit?
Answer: Yes. There are various time limits, as follows:
The time limit, called “Statute of Limitations” in California is two years for a personsal injury claim.
This means that if you want to make a claim for your injuries, you must file a complaint in the proper court within two years of the date of the injury.
If you do not do so, you may lose your right to make a claim.
The two-year period does not begin for an injured minor until the minor’s 18th birthday, the two years will expire on the minor’s 20th birthday.
If you need to make a claim against any type of public entity, such as a city, county, transit district or public hospital, you must submit a written claim on the public entity’s form to the public entity within six months of the date of the injury.
If the claim is rejected in writing, you must then file your complaint in court within six months of the date that the rejection is mailed to you.
If the claim is not rejected in writing, you must file in court within two years of the date of the accident.
Note that the time limits for filing against a public entity are the same for minors and for adults.
You should probably discuss you accident with a person injury attorney, in order to insure that all deadlines are met. If the deadlines are not met, you may lose your right to recover any money for your injuries.
If you would like us to evaluate your accident claim, please complete and submit a Case Evaluation Form.