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.

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.

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 44 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 44 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.