Are there statute of limitations on a personal injury lawsuit

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Answers (6)

John M. Kaman

John M. Kaman

Contributor Level 10
In CA, it is one year from the date of injury to the filing of a civil suit; same thing for wrongful death.
4 7
Brian T Pedigo

Brian T Pedigo

Contributor Level 6
DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.
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In California, except as provided by other statutes, a 2—year statute of limitations applies to suits for “assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.” CCP § 335.1

Where an employee is injured on the job by a third party's wrongdoing, the employer and employee each have a statutory right of action against the third party (see Lab.C. §§ 3852, 3854). This statutory action is governed by the 2—year “personal injury” statute.

Note that there are also special reporting requirements if the injury was at all related to a government agency.

See a lawyer ASAP to have your particular case assessed. Don't wait, or you may lose your rights!

Best,

Brian Pedigo
www.PedigoLaw.com
Fighting for the Average Joe
7 3
David Carl Beyersdorf

David Carl Beyersdorf

Contributor Level 6
Yes. In California, the statute of limitations on Civil personal claims is two years. It is not 100% clear from your question, however, if this is the statute of limitations that applies to you. If there is a claim against a government entity, that claim usually needs to be made within six months of the accident. If the injured party is a minor, the statute of limitations will toll until they reach the age of 18. Many things can affect the statute of limitations, so it is important to consult with an attorney as soon as you are able to do so. Good Luck

David C. Beyersdorf
8 4
Frank J. Schiro

Frank J. Schiro

Contributor Level 1
( 3 ) years from date of accident in Wisconsin.

Attorney Frank J. Schiro
Milwaukee, Wisconsin
1-414-271-7776
1 2
Salvatore Marabondo

Salvatore Marabondo

Contributor Level 1
The short answer is that in NJ, there is a 2 year Statute Of Limitations for most personal injury matters. That time period begins to run from the date of the accident. There are certain exceptions where the Statute is from the time you knew or should have known of the alleged wrong, ie, some medical malpractice situations. Also, in Workers' Compensation cases in NJ, the Statute is 2 years from the 'payment of compensation' or the date of last authorized medical treatment.
2 2
Jeffrey Pollock

Jeffrey Pollock

Contributor Level 3
2 yrs. in PA (unless there is a Discovery Rule Exception).
1 1
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