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Articles Tagged with statute of limitations

After a serious injury in a Rancho Bernardo accident, it can be difficult to think about anything beyond the physical and financial repercussions of your injury. You are likely scheduling medical appointments for treatment or surgery, and trying to recover physically from your injury. At the same time, you are likely having trouble paying your bills if your injury has prevented you from working. You may be thinking about filing a claim for compensation, but you might be putting it off until your injuries heal enough for you to begin focusing on a complex insurance claim or a personal injury lawsuit. Yet it is critical to keep in mind that you will only have a certain amount of time to file your lawsuit. 

The amount of time you have to file a claim is known as the statute of limitations, and it can vary depending upon the type of injury you have suffered and the identity of the responsible party. We want to provide you with more information about the statute of limitations in personal injury claims in California, and to urge you to seek advice from a Rancho Bernardo personal injury lawyer as soon as you can.

Most Personal Injury Claims Will Need to be Filed Within Two Years

ibpzztr3vxy-tristan-colangelo-300x169When is a general negligence claim in California actually a medical negligence claim and thus subject to a different statute of limitations? When a plaintiff in California sustains an injury because of another party’s negligence, California law generally provides a two-year statute of limitations, which means that the injured plaintiff has two years from the date of the injury to file a lawsuit. For instance, car accident cases, premises liability cases, and truck accident claims typically all must be brought within two years from the date of the injury. However, the statute of limitations is different for a medical negligence claim, which has a one-year statute of limitations.

According to a recent article in the Northern California Record, a California Supreme Court decision could have far-reaching effects on certain negligence claims that plaintiffs seek to bring in the state. In short, the court emphasized that any personal injuries that are “integrally related” to medical care are subject to the medical negligence statute of limitations. What does this mean for future plaintiffs? To better understand, we should explore recent case law in more detail.

Supreme Court Limits Plaintiff’s Ability to File Lawsuit

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