Personal Injury Attorneys San Diego, CA: The Statute Of Limitations

Personal Injury Attorneys In San Diego, CA

To say that there are a lot of pre-existing personal injury attorneys in San Diego, CA is an understatement. In 2019, the number of total residents in the country is over 3 million. With this current number and its growth rate of 0.46% every year, there is a high chance that there is someone you know from this area that could be involved in a personal injury accident.

What Is A Personal Injury Accident Claim?

A personal injury accident claim is the lawsuit that a victim can file against an offending party. The cause of such claims can be the result of an unintentional or intentional act to bring damages and injuries to the victim. The law differs from each state. Although the definition for a personal injury claim is quite standard, there is some information that you should understand before you decide whether you should file a complaint or not.

This means that wherever in California, especially in San Diego, you can sue someone over a car accident, slip and fall accident, and other types of accidents. But before you decide, you should talk to a personal injury attorney in San Diego, CA. Since there are statute of limitations that differ from state to state, it is recommended that you work with a local attorney. Personal injury lawyers will know specifically what the statute of limitations are and how they are going to deal with your situation.

Aspects Of Personal Injury Law In San Diego, CA That You Need To Understand

After an accident, getting the services of a personal injury lawyer in San Diego, CA is one of the best things that you can do for yourself. Your lawyer can help guide you in the process and provide you with legal advice on what steps you should take. Your lawyer can also use his or her connections and skills on dealing with the negotiations.

With that, let’s take a look at some of the important information that you should know beforehand when you are thinking about filing a personal injury case.

The standard time limit

According to the California’s Code of Civil Procedure, a victim would have two years from the date of the accident to file a lawsuit against the offending party. It is stated in section 335.1 that this time would be more than enough for a victim to decide if they shall push through with a case that could bring them potential legal remedy or compensation.

All personal injury cases, may it be a big or small incident, has to be assessed in this manner. If you are unsure if the time has already elapsed for filing, it is best that you consult with a personal injury lawyer in San Diego, CA. It is good that you have this prior knowledge of the standard time limit for filing a case, but it is still recommended that you consult a lawyer for this. In this way, you will be getting an exact assessment for the status of your case.

The deadlines for filing your case

There is a large chance that you might be encountering a personal injury accident for the first time. With this in mind, it is completely understandable that you are still not familiar with the processes of applying and filing for a personal injury case. The rules of the law are very strict, and everyone is expected to abide by this. No matter how serious your injuries are, if you have failed to file a lawsuit before the end of the two-year standard time limit, you have lost your chance to seek damages for the injuries you have sustained.

It is important that you should know the deadlines. This might sound like it is an easy task. For the most part, it is, but the complying to the deadlines and sorting the needed requirements can be quite tasking. This is where the expertise of a personal injury attorney that is based in San Diego CA comes into play. Your lawyer will know exactly when the deadlines are and how they can expedite the process of obtaining the needed requirements.

Exceptions to the personal injury Statute of Limitations

Although it has been clearly stated that the standard time limit shall be implemented strictly for everyone who is going to file for a personal injury case, there are some areas of concern that can be considered as an exception. Some of them include:

• Delayed discovery

This usually happens when the victim was not aware and was not able to discern that he has sustained such damages and injuries that are caused by someone else’s wrongful conduct.

• Not yet of legal age

The victim was under 18 and was still considered to be a minor. During this time, minors are considered to “lack the legal capacity to make decisions” for their own during and after the accident.

• The offending party has left California

The victim was not able to file a lawsuit against the offending party because the person who has caused the victim’s injuries left the state of California at some point after the accident.

These are just some of the exceptions that are declared under California’s Personal injury Statute of Limitations. If the time for the application of your personal injury case has expired, you might consider taking these exceptions should any of it be applicable to you.

Work Only With The Best Personal Injury Attorney

There are a lot of technicalities when it comes to personal injury lawsuits. A simple knowledge of what is it about can help shed light on your case. However, you should always consider working with a personal injury attorney in San Diego, CA for this kind of cases. These lawyers will be the ones to assess the situation, help you understand the technicalities of the case, and assist you in filing your personal injury lawsuit. Let a professional handle your concerns while you focus on living your life.

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