Frequently Asked Questions
Q: What is the statute of limitations in California?
A: The statute of limitations in California personal injury cases is ordinarily two years from the date the injury producing accident occurred. Generally speaking, this means that a lawsuit must be filed within two years of the accident, or the injured plaintiff will be barred from seeking recovery for his or her injuries.
However, the California Tort Claims Act sets out strict timelines that you must follow when filing a claim against a governmental entity. You must file a claim for personal injury (that is, one based on death, physical injury, or damage to personal property) within six months of the date of the injury. See e.g., Cal. Gov’t Code section 911.2. If you did not know the reason for filing the claim at the time of injury (for example, in some medical malpractice cases), the six-month time period begins at the point when you became aware, or should have become aware, of the reason. See, e.g., Whitfield v. Roth (1974) 10 C.3d 874, 112. You should always consult with a qualified personal injury attorney in your area following any accident where injuries occur.
Q: How long after an accident can I sue?
A: The statute of limitations in CA personal injury cases is ordinarily two years from the date the injury producing accident occurred. Generally speaking, this means that a lawsuit must be filed within two years of the accident, or the injured plaintiff will be barred from seeking recovery for his or her injuries. You should always consult with a qualified personal injury attorney in your area following any accident where injuries occur.
Q: How long after an accident can I make a claim?
A: Following any accident or injury that may have been the result of another’s negligence, a claim can immediately be made with the responsible party’s insurance carrier. You should always consult with a qualified personal injury attorney in your area following any accident where injuries occur.
Q: How long after an accident can you claim injury?
A: Following any accident or injury that may have been the result of another’s negligence, a claim can immediately be made with the responsible party’s insurance carrier. You should always consult with a qualified personal injury attorney in your area following any accident where injuries occur.
Q: How long after an accident can you file a claim with insurance?
A: Following any accident or injury that may have been the result of another’s negligence, a claim can immediately be made with the responsible party’s insurance carrier. You should always consult with a qualified personal injury attorney in your area following any accident where injuries occur.
Q: Can you sue for a slip and fall?
A: It depends. In slip and fall cases the plaintiff is required to prove that he or she was injured as a result of a fall that was in whole, or in part, caused by the property owner or tenant’s negligence. If a plaintiff can successfully meet this burden he or she may be able to recover the following:
Past and future medical bills
Lost wages both immediately after the fall and possibly in the future if you are permanently debilitated
Pain and suffering
Potential future medical expenses
Loss of consortium, which means damage to your relationship with your spouse or family
You should always consult with a qualified personal injury attorney in your area following any accident where injuries occur.
Q: Can you sue for getting bit by a dog?
A: Yes. In California, fault is based upon a theory of strict liability. Under strict liability laws, almost any injury a dog causes to another will be deemed the fault of the dog owner. However, there are a few exceptions such as trespassing.
The two key elements necessary to prove a California dog bite claim are:
That the defendant was the owner of the dog that attacked; and
That a dog bite occurred which resulted in injury
You should always consult with a qualified personal injury attorney in your area following any accident where injuries occur.
Q: Can I claim for being a passenger in a car accident?
A: Yes. An injured occupant in another person’s vehicle can make a claim for their injuries against the driver that caused the accident. In the event a third-party caused the accident, a claim would be made with that individual’s insurance company. In the event the driver of the vehicle you were a passenger in caused the accident, a claim could be made against that individual’s policy. And, in certain circumstances, a claim can also be made with the injured occupant’s own automobile insurance policy. You should always consult with a qualified personal injury attorney in your area following any accident where injuries occur.