Have you been injured in an accident that was the result of another person acting negligently? If so, then you may be considering hiring a personal injury attorney to be compensated for your damages. At The Law Offices of Larry H. Parker we encourage you to do so as quickly as possible for many reasons, one of which is the fact that the clock on the statute of limitations is ticking right now.
What is the statute of limitations?
Put simply, it is a deadline that affects how long you have to file a personal injury lawsuit for your injuries. In the state of California, in most cases it is two years from the date of the injury. However, there are a few factors that can affect how long you have, some of which will make it longer and some will make it shorter.
The discovery rule can give you extra time
Some injuries are not immediately obvious. This is why the discover rule exists. It gives a plaintiff one year from the date they either knew about the injury or reasonably should have known about the injury. For example, some brain injuries are not found for years after the event. The discovery rule makes it possible to sue the at-fault party within one year of the date the injury was discovered.
If the defendant declares bankruptcy then there will be a delay
If the person you are making a claim against or have won against files for bankruptcy, then there will be an automatic court stay that prevents you from collecting what you are owed. The good news is that the claim cannot be discharged in bankruptcy but the bad news is that you will have to wait until the proceedings conclude. If the statutory period has expired due to this delay, then the law does give you extra time.
You have less time to file against the government
If the defendant in your personal injury case will be the government then you should contact The Law Offices of Larry H. Parker at 800-333-0000 without delay. Why? Because you have to file a notice of claim within six months of the injury event. Furthermore, it must be filed with the right office or agency to be valid.
There are different rules for minors
If the injured party is a minor then the two-year period does not begin until the child turns 18. As a result, if they are injured at eight years old then the statute of limitations could effectively be 12 years on this case – ten years until the injured party turned 18 and then another two years to file their case.
If you have questions about statutes of limitations or other personal injury issues then we encourage you to contact The Law Offices of Larry H. Parker at 800-333-0000 for your free legal consultation. These rules can be complicated for the layperson but we are here to make this process as smooth as possible.
