header-family image
David Allen Logo
FOLLOW US:          
Homepage >> Injuries >>Statute of Limitations

Statute of Limitations – Is Your Time Running Out?

You can try to settle the case yourself by dealing with the responsible party, but your case is not settled, you need to sue the person or company at fault - before the statute expires. If you don’t file suit before the Statute of Limitations expires, your case is lost forever.

Personal Injury

Different states have different Statute of Limitations for Personal Injury claims. Most are two years. Both California and Nevada have two year statutes of limitations for most personal injury claims. There are some exceptions, such as for medical malpractice claims and claims against the government or people working for government, such as a highway construction worker employed by the state, or a bus driver employed by regional transit.

Minors

The Statute of Limitations in each state works differently for people under 18 years of age at the time they were injured. As a general rule the person has until age 18 to bring a claim. In some states, however, certain aspects of the claim must be brought before the person reaches 18 because the law views the aspect of the claim as belonging to the parents of the minor. An example is a claim for the medical expenses of the young person. Some states view the medical expenses as a parental obligation and if the parent doesn’t seek reimbursement for the medical expenses incurred for the treatment of the injury, the minor will be prevented from getting reimbursement after age 18.

Government

Many states have very specific, and sometimes highly technical, statutes dealing with injury claims brought against anybody working for a governmental entity at the time of the injury. If you have any reason to believe the person responsible for your injury was working for a governmental body (a state, county, city, or the federal government) you are best advised to seek the counsel of an attorney knowledgeable in injury law.

Medical Malpractice

The statute of limitation on medical malpractice cases can be tricky. There are four ways a medical malpractice claim can be made.

Healthcare Provider

There are two parts to this type of claim against a health-care provider: (1) 1 year from the date plaintiff knows or should have known about the injury, or; (2) 3 years from the date of the injury whichever is the earlier date.

Minors of Medical Malpractice

Within three 3 from the date of the alleged malpractice except that lawsuits by a minor child under the full age of 6 years shall be commenced within three years or prior to his 8th birthday, whichever provides a longer period.

There is an exception in cases of fraud. The law states that the statute of limitations shall be tolled (i.e., it stops running temporarily) for minors for any period during which the minor’s parent or guardian and defendant's insurer or health care provider have committed fraud or collusion in the failure to bring a lawsuit on behalf of the injured minor for medical malpractice.

With regards to birth injuries, a claim for medical malpractice injuries sustained before or in the course of his or her birth must be commenced within 6 years after the date of birth.

Repose

It provides that the time for beginning a malpractice lawsuit shall not exceed 3 years unless tolled for any of the following: (1) fraud, (2) intentional concealment, or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person.

Exceptions

There are some exceptions to these rules for example he statute of limitations may be extended if the defendant left the state after committing the malpractice, or if the victim of malpractice was mentally ill or mentally disabled. To get a full understanding of how the statute of limitations for medical malpractice works, click on the link to California Code of Civil Procedure sections 340.4 and 340.5

Note: If you are going to sue a health-care provider you MUST give them 90 days' notice before filing.

GET YOUR FREE CONSULTATION

At David Allen & Associates we know and understand the impact of an accident on you and those close to you. For over 37 years we helped people with injuries like yours, and we continue to do so in our five offices located throughout Northern California. Our top flight team of personal injury lawyers can represent you in any case where you have suffered injury in an accident.

If you’ve been injured in a collision that was not your fault, talk to the right people, and contact David Allen & Associates. We’ve been helping injured and disabled people for over 37 years. Call our office at (877) 876-4800 and one of our Sacramento personal injury attorneys can schedule a face to face appointment. Our Sacramento personal injury lawyers will discuss the details and what your rights for recovery are. Our qualified and trusted personal injury attorneys will thoroughly investigate your case, file the appropriate paperwork, and help you recover your economic and non-economic losses including medical expenses, pain and suffering, lost earning or income capacity and more.





David Allen & Associates has offices located throughout California and Nevada

Reno Office
Get Directions

Wells Fargo Building
200 S. Virginia St. 8th floor
Reno, NV 89501
Phone: (775) 786-1020
Fax: (775) 786-1026

Sacramento Office
Get Directions

5230 Folsom Boulevard
Sacramento, CA 95819
Phone: (916) 455-4800
Fax: (916) 451-5687
Stockton Office
Get Directions

Sherwood Executive Center
5250 Claremont Avenue
Stockton, CA 95207
Phone: (209) 473-4800
Fax: (209) 478-5443

Oakland Office
Get Directions

1300 Clay Street, Ste 600
Oakland, CA 94612
Phone: (510) 663-4600
Fax: (510) 663-4660

Fremont Office
Get Directions

3900 Newpark Mall Rd., 3rd Floor
Newark, CA 94560
Phone: (877) 876-4800
Fax: (510) 663-4660









David Allen Logo
(877) 876-4800 Tel
(877) 751-5897 Fax


© Copyright 2000 - 2017 David Allen & Associates Attorneys. All Rights Reserved. Website Designed and Powered by Konicom, Inc.