Statute of Limitations for California Personal Injury Claims

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When a person has suffered injuries in an accident, they are entitled to pursuing financial compensation for any damages they may have suffered as a result, including damages for physical pain, emotional suffering, lost wages, medical expenses, and more. However, what many accident victims fail to realize is that there is actually a limit on the amount of time a person has to file a personal injury claim.

In California, the statute of limitations is two years from the date that the accident- which caused the victim’s injuries and damages- occurred. Of course, some injuries and ailments have varying statutes of limitations. Because the statute of limitations is firm, victims who miss the deadline are generally unable to make a legal claim for compensation for their injuries.

Are My Injuries Serious Enough to File a Personal Injury Claim?

Some injuries are not apparent immediately after an accident occurs. For example, the victim of a car accident may start to experience constant, mild headaches and small, sharp pains weeks after an accident occurs. Often, these types of symptoms are actually signs of more severe injuries, such as mild traumatic brain injuries or spinal cord injuries. Symptoms can continue to grow, leaving a person facing hefty medical bills, physical pain, and more.

For this reason, victims of car accidents should seek medical attention immediately following an incident even if they do not believe they have sustained serious injuries. A medical professional may evaluate a victim and determine that their injuries will actually persist and require constant medical attention. If this is the case, the accident victim should contact legal representation and file a personal injury lawsuit as soon as possible. Failure to do so in a timely manner can result in the loss of rights to pursue compensation.

Should I Retain a Lawyer After My Accident?

If you or someone you love suffered injuries in a car accident, truck accident, workplace accident, or any other type of accident and you believe another person should be held liable, we urge you to get in touch with a San Jose personal injury lawyer from our firm right away. We can take our time to understand the details of your case and determine which legal strategies can be useful to help you obtain monetary compensation for your damages.

When you entrust our legal team with your case, we can work closely with the following experts to help prove your claim:

  • Accident reconstructionists
  • Medical professionals
  • Engineers

Should I Still Retain a Lawyer if the Statute of Limitation has Expired?

At Caputo & Van Der Walde LLP, our San Jose personal injury attorneys work diligently to pursue positive results on behalf of our clients regardless of their circumstances. If you were injured in an accident that occurred more than 2 years ago, we still urge you to contact us right away. We may be able to help.

How to Prepare Your Case Before the Statute of Limitations Expires

It is important to be prepared to ensure you file your personal injury claim before the California statute of limitations expires. To prepare, consider the following steps:

  • Gather and retain any medical notes and medical treatments
  • Gather and retain bills that accrued as the result of your accident
  • Gather all photographs of the property damaged in your accident
  • Respond to your injury lawyer in a timely manner

With the help of a skilled San Jose personal injury attorney, you may be able to recover maximum financial compensation for your injuries, pain, and damages.

Do not wait to get the help you need. Call our firm today, and let us fight for your rights.

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