How long do I have to make a claim?
With any lawsuit, the statute of limitations restricts the amount of time you have to file a lawsuit. In California, the statute of limitations for negligence is two years. Cal. Code Civ Proc § 340. However, it should be noted that the statute of limitations is much shorter if you are filing a lawsuit against a public entity, municipality or public employee; a claim must be filed within six months from the date of the accident. Cal. Code Gov. § 911.2 The statute of limitations for product liability cases in California is two years. Cal. Code Civ Proc § 340. The statute of limitations begins to run when the plaintiff has knowledge of the injury and suspects wrongdoing. The existence of such knowledge is a factual determination for a jury to decide. A jury will consider the following factors in making this determination: 1) knowledge of the injury; and (2) knowledge of facts creating, or which in a reasonable person would create, a suspicion of negligence on the part of someone.
A medical malpractice action for injury or death must be brought within one year from the date the claimant discovered the negligent act, but no more than three years from the date of injury. Cal. Code Civ Proc § 340.5. For cases involving retained foreign bodies, the statute is tolled until the claimant discovers or should have discovered the injury. If you fail to file a lawsuit within the statute of limitations, you have no legal recourse. Therefore, if you are injured, it is essential for you to contact an attorney as soon as possible to preserve your legal rights before they are barred by law. |
