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What Is the Statute of Limitations for Personal Injury Claims in California?

May 5, 2017/in /by damg20

There are several types of cases that fall under the umbrella of personal injury law. Examples include motor-vehicle accidents, premises liability, product liability, and medical malpractice. Although each case is unique, most personal injury claims have a two-year statute of limitations, which means you must file your lawsuit within two years of the date when your injury occurred, or it is likely that the court will dismiss your case.

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Overturned car

Sometimes an injury is not immediately apparent. In such a case, you would have one year to file your lawsuit beginning on the date when you discovered the injury, according to California Courts.

The rules are different for claims against government agencies. In most cases, you must file an administrative claim with the agency within six months – or within one year in some cases – of the incident. The government has 45 days to respond, and if your claim is denied, you can file a lawsuit but you must do so within six months of the date when you were notified of the denial via mail or personal delivery. If you never received a rejection letter, you have two years from the date when the incident occurred to file your lawsuit.

Under certain circumstances, the statute of limitations is suspended, or “tolled.” This can happen if the defendant is in prison or out of state, is insane, or is a minor. The statute of limitations starts running again when the reason for the tolling ends.

Even if you have two years to file your lawsuit, it is critical that you take action as soon as possible. Over time, important evidence may disappear, and witnesses might relocate or change their contact information.

A personal injury attorney from Jeffrey E. Estes & Associates can help you meet all necessary deadlines, gather evidence, and fight for the maximum compensation. Alton J. Smith and Jeffrey E. Estes have been litigating personal injury cases on behalf of California residents for almost 30 years. Call 855-290-8080 to schedule a consultation with an accident lawyer in San Diego.

What Is the Statute of Limitations for a Wrongful Death Claim?

In most cases, a wrongful death lawsuit must be filed within two years of the victim’s injury or death. In cases of medical malpractice, though, this deadline extends to three years from the date of the death or injury or one year from the date when the injury was discovered.

Do I Need a Personal Injury Attorney to File a Lawsuit?

Although you can file your lawsuit without the help of an attorney, there are several potential benefits of enlisting the help of an experienced lawyer. Insurance companies tend to take claims filed by attorneys more seriously, and your lawyer can help you avoid costly mistakes such as accepting a settlement too early, overlooking certain damages, or making a recorded statement to the insurance adjuster.

If you would like to discuss your case with an accident lawyer in San Diego, contact Jeffrey E. Estes & Associates. Call 855-290-8080 today to schedule a free consultation.

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https://jeffreyesteslaw.com/wp-content/uploads/2021/11/photodune-1535346-safe-driving-xs-1.jpg 365 548 damg20 https://jeffreyesteslaw.com/wp-content/uploads/2021/12/logo_estes_NEW.png damg202017-05-05 17:49:322017-05-05 17:49:32What Is the Statute of Limitations for Personal Injury Claims in California?
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Our Verdicts and Settlement

Experience matters. Of course, you need a lawyer who knows the law, but you also need someone who has the experience necessary to give informed counsel. Estes and Smith have extensive experience litigating serious injuries and accident claims related to motor vehicle accidents, including but not limited to commercial truck accidents, construction site equipment accidents, tour bus accidents and aviation accidents. They have won substantial settlements and verdicts for past clients.

  • $15 Million

    Negligent design and construction of a freeway interchange.

  • $6 Million

    Settlement to 3 young adults injured in an accident, their vehicle left an unmarked roadway and entered onto a construction site resulting in severe injuries.

  • $2 Million

    $2 Million confidential settlement involving sexual assault by a bus driver on cognitively impaired passengers.

  • $1 Million

    $1 Million settlement with the LACMTA arising out of a bus versus pedestrian accident.

  • $3.5 Million

    Obtained a $3.9 million dollar judgement for client who sustained severe head injuries in a roll over vehicle accident.

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Based on 9 reviews.
Pablo Guevara
Pablo Guevara
2021-06-08
I first retained the services of Jeffrey Estes about 20 years ago. I have referred friends and coworkers to him. They've all been very happy with the outcome due to the great service and the tremendous financial compensation. I highly recommend Jeffery Estes & Associates for your personal injury attorney. Do not settle with insurance companies without Jeffery and his team's representation.
Ana Hribernik
Ana Hribernik
2020-09-15
Jeff made all of the difference on my families case. I can't thank him and his whole team enough for their kindness, hard work and determination to get my case resolved!
Whitney Mason
Whitney Mason
2020-09-04
Jeff was a godsend. Truly thankful for his good work on my case. The whole team there at the office is phenomenal. I couldn't have expected a better result. I can't recommend this firm enough.
Alberto Malave
Alberto Malave
2020-08-20
I had an outstanding experience with Mr. Estes and his whole team. Very professional firm! Compassionate, honest and very reliable. He took great care to thoroughly explain the entire process from start to finish. Highly recommend!!
Stephen Kluthe
Stephen Kluthe
2019-04-22
Had an excellent experience with Jeff. He helped me through a personal injury case that I had where I was injured in a car accident. He did an excellent job preparing me for the trial and representing me. His professionalism is top notch and he's genuinely nice and easy to connect with. He was able to win the case for me and got a judgment much higher than I had even imagined which has been absolutely life changing. I would recommend him to everyone looking for services he provides.
Wayne Mealhouse
Wayne Mealhouse
2019-03-28
Holly Hauske
Holly Hauske
2018-02-07
I'm very pleased with my representation of Attorney Estes! He represented me in a profession manner, and was able to litigate my case out of court. I would totally recommend Attorney Estes should an accident be involved, especially caused by another person and they have done your bodily harm and totaled your vehicle.
Amanda Pentiuk
Amanda Pentiuk
2018-02-07
Mr. Estes is both professional and down to earth. He took the time to explain things to me and was always there when I called. I am forever in debt to him for what he did for me winning my automobile accident lawsuit. The compassion that he showed for me made me feel like I was part of his family and I cannot say enough good things about him both as a human being and an attorney.
Dee Branch
Dee Branch
2017-06-06
Attorney Estes was very helpful and knowledgeable in giving me details about my case. He handled it personally and got me what i felt i deserved. Highly recommend hiring this attorney if you want one that will take your case personally and be with you every step of the way!

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