On an annual basis, thousands of personal injury actions are filed within the state of California after accidents or incidents cause bodily injury as a result of intentional or negligent conduct. The goal of these proceedings is often to obtain just monetary compensation for the harm that is caused after the accident. While there are many people who may be entitled to funds because of their injuries, many are prevented from filing claims in the court system for various reasons. One of the main reasons individuals are barred from filing a personal injury claim is failing to comply with the statute of limitations. If you or your loved one has been injured in an accident or incident in California, contact Sanford A. Kassel, A Professional Law Corporation for a risk-free initial review of your claim.
Understanding the Statute of Limitations
The statute of limitations outlines the latest point in which a lawsuit can be filed. There are many reasons for putting a statute of limitations in place. Some of these reasons include:
- The principle that an injured party should file a lawsuit before too much time has passed
- To protect defendants, so that they do not have to worry for an indefinite amount of time that a lawsuit may be filed.
- For efficiency, in that important evidence and crucial details may be lost over time from a prolonged delay.
If an individual does not file the suit within the required timeframe, the lawsuit will be barred. If the lawsuit is still filed, a defendant may raise the statute of limitations as a defense and ask the court to dismiss the action.
Statute of Limitations Timeframes
Generally, most personal injury lawsuits must be filed within two years of the date of the accident. However, there are many cases in which the statute of limitations varies. In some cases, the time period may be shortened, such as filing a suit against the government or in cases where the only damage is damage to one’s property. In addition, there are many exceptions to this rule which has the effect of extending the statute of limitations. The statute of limitations may be extended in limited circumstances, including:
- When the injured party is under the age of 18;
- When the injured party does not immediately know of the injuries sustained;
- When a defendant cannot be located or purposefully attempts to avoid service;
- When the injured party has a mental incompetency that prevents suit;
- When the injured party is imprisoned.
When you or your loved one believe that there may be an opportunity to recover monetary relief, it is best to act quickly, regardless of the two-year statute of limitations. However, if the statute of limitations has passed, it is still important to speak with an attorney as soon as possible to see if you are still entitled to relief.
Contact Sanford A. Kassel Law, PC
Sanford A. Kassel, A Professional Law Corporation is an experienced firm located in San Bernardino, California. If you or someone you know is in need of a personal injury lawyer, our firm will be happy to meet with you for a risk-free initial consultation.
