If you have been injured in an auto accident in California, you will want to know the statute of limitations period, which is 2 years from the date of the accident.
Statutes of limitation restrict the amount of time an individual has to bring a claim or lawsuit in connection with an accident. If too much time goes by, the claim is forever barred and extinguished, and no lawsuit can be brought. If a lawsuit is brought after statute of limitations expires, then the other side generally responds by filing a demurrer, which is a type of a motion to dismiss. The court will set the matter for hearing, and if the court determines that too much time has gone by, the court will dismiss the case.
If you’ve been injured in an auto accident in California and need a personal injury attorney, do not wait too long, because your statute of limitations could expire. Generally it is not a good idea to wait until the last second, before filing, because additional information is needed for your claim to go forward. For example, if you obtained medical treatment from a healthcare provider, you will need to obtain the amount of the medical care treatment provided to you. Furthermore a copy of your medical records will have to be obtained by her legal counsel, as well as a copy of the bills. In California victims of personal injury accidents can recover the amount of reasonable and necessary medical bills actually paid, not charged. This means that if there is a difference between the amount billed in the amount charged (for example, if you are using health insurance, or Medi-Cal, or Medicare), that only the amount paid will count. Having attorney assist you with this process will help you maximize the amount of your damages for compensation resulting from the auto accident.
More Accidents & Injury FAQs
- What is a Lien and How does a Lien in a Personal Injury Accident Work?
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- Statute of Limitations for Personal Injuries from Auto Accidents in California
- Do You Really Need a Personal Injury Attorney for an Accident?
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