In today’s video, Brian explains a question many people ask after an injury: “How long do I have to bring an injury lawsuit in California?” Whether you’re dealing with a personal injury or medical malpractice case, knowing the time limits for filing a lawsuit is crucial to ensuring you don’t miss out on your chance to seek compensation. We’ll break down the general timelines for different types of cases, including special rules for government entities, and why it’s important to consult with a lawyer as soon as possible.

If you’ve been injured in a car accident, slip and fall, or any other incident caused by someone else’s negligence, you likely have two years from the date of your injury to file a lawsuit. This is the general statute of limitations for most personal injury cases in California. However, it’s important to note that this two-year period isn’t just about filing a lawsuit. Before this time runs out, you must also have attempted to negotiate a settlement with the at-fault party’s insurance company.

When you’re injured, the first step is usually to negotiate with the insurance company. If you’re unable to reach a fair settlement, you then have up to two years from the anniversary of your injury to file a lawsuit in Superior Court. If you miss this deadline, you could lose your right to sue and recover damages for your injuries. Therefore, while it might seem like a lot of time, it’s essential to begin working with a lawyer early to ensure all the necessary steps are taken within the statute of limitations.

When it comes to medical malpractice claims, the rules are a bit different. For adults, the statute of limitations is generally one year from the date of the injury, not necessarily from the date you discovered it. Medical malpractice cases can be complicated, and because the symptoms of some medical errors or oversights can take time to manifest, you don’t want to let that one year tick by without consulting with a lawyer.

Once the year has passed, you may lose your right to file a medical malpractice lawsuit. That’s why it’s crucial to reach out to a lawyer as soon as you suspect that your injury may have been caused by medical negligence. A lawyer can help you determine whether you have a valid claim, how to approach negotiation, and whether it’s best to file a lawsuit if your claim is not resolved through negotiation.

If your injury involves a government entity—whether it’s a state, city, or county government—different rules apply. In California, you generally have only six months from the date of the injury to file a claims form with the relevant government agency. This is known as the claims statute. If you fail to submit the form within that timeframe, you could lose your chance to pursue compensation.

Additionally, if you’re filing a claim against a government employee or government-run hospital, the process can be tricky. Incorrectly filling out the claims form can result in your claim being dismissed, and you may not have time to fix it. It’s also important to determine if the party responsible for your injury is a government entity or employee, which can sometimes be difficult. Consulting with a lawyer early in your case can help navigate these complexities and ensure that your paperwork is filed properly.

When it comes to claims involving the federal government, there is a slightly different deadline. You typically have two years to file a claim against a federal employee or entity, but before you can file a lawsuit, you must first exhaust your administrative remedy. This means you must go through the proper channels and procedures with the relevant federal agency before you’re allowed to file your lawsuit. If you don’t complete this administrative process, your lawsuit will be dismissed, and you may lose your chance to recover damages.

As you can see, the statute of limitations for injury lawsuits varies greatly depending on the type of injury, the responsible party, and whether a government entity is involved. The best way to ensure that you don’t miss your opportunity to recover compensation is by consulting with a lawyer as soon as possible. A lawyer can help you navigate the complexities of your case, determine which time limits apply to your situation, and guide you through every step of the process.

If you’re unsure about your claim or need help determining how long you have to file, don’t hesitate to reach out to Findley Law. Our experienced team is here to provide expert advice on personal injury and medical malpractice cases, making sure you understand your rights and how to move forward. Call us today at 619-860-1712 or visit our office at 1620 Fifth Avenue, Suite 625, San Diego, CA 92101 for a consultation.