Statutes of Limitations on Personal Injury Case
A statute of limitations is a legal term that means there is a certain amount of time for an injured person to bring a lawsuit after they are injured. There are different statutes of limitations for each type of legal issue in each state. And, there are different rules for lawsuits brought in federal court.
Consult with an Attorney Immediately After an Accident
It is important to consult with an attorney right after an accident to preserve all of your rights. If you fail to take certain actions, like seeing a doctor, this may harm your chances of getting a full settlement to compensate you for your injuries.
If you fail to file a lawsuit on time, you may be prevented by the law from suing the person who caused the damages. There are some exceptions to the statute of limitation laws. Talk with your attorney if you are concerned that you waited too long to file a lawsuit. Each case is different and the requirements of the time allowed for filing a lawsuit need to be investigated by a competent attorney.
California Statute of Limitations
Depending on the type of case, the statute of limitations in California is from one to ten years. The time that starts counting is either the time of the accident or the discovery of an injury or damages.
The statute can be extended, and the period is “tolled,” which means the statute counting time is put on pause for a certain amount of time or until something occurs. This can happen for various reasons, so ask your attorney to explain this to you about your specific case.
California Statute of Limitations for Personal Injury
In California, a personal injury lawsuit must be filed within two years after the date of the accident that caused the injury. If the injury was not discovered immediately, then the statute allows for one year from the date the injury is discovered.
For example, if you have problems that do not show up right away when the accident happened, but start to show a long time later, then you still have one year from the time the injuries are discovered, as long as you can prove that they were caused by the accident that happened in the past.
Statute of Limitations for Personal Injury in Nevada
In the state of Nevada, the statute of limitations for a personal injury lawsuit is two years. Nevada law allows people two years from the date of the accident to file a lawsuit in the Nevada legal system. In Nevada, there is no delayed injury exception to the statute like there is in California.
It is always better to contact your personal injury attorney as soon as possible after being injured. Call (281) 475-4535 for a free consultation or fill out the form on the website to have an attorney call you to discuss your case. Learn about any statutes of limitations that you need to know about. Don’t put off calling an attorney, or you may lose your right to sue for damages.