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Are there statute of limitations on a personal injury lawsuitIs there a statute of limitations on a personal injury case?
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My question is, once a suit is initiated against a place of business in California because said employee was injured on the job, how long can the company's insurance companies hold out before either reaching a settlement or going to trial. It has been 7 years and still no conclusion for the case I am referring to. Any help is greatly appreciated! Attorney answers (6)
Reputation Level 1
Answered over 3 years ago.
Criminal Defense Attorney in Milwaukee, WI.
( 3 ) years from date of accident in Wisconsin.
Attorney Frank J. Schiro Milwaukee, Wisconsin 1-414-271-7776 4 people marked this answer as good
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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 5 people marked this answer as good
Reputation Level 9
Answered over 3 years ago.
Family Law Attorney in Pittsburgh, PA.
2 yrs. in PA (unless there is a Discovery Rule Exception).
2 people marked this answer as good
Reputation Level 13
Answered over 3 years ago.
Personal Injury Lawyer in Fresno, CA.
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 6 people marked this answer as good
Reputation Level 20
Answered over 3 years ago.
Criminal Defense Attorney in San Francisco, CA.
In CA, it is one year from the date of injury to the filing of a civil suit; same thing for wrongful death.
7 people marked this answer as good
Reputation Level 7
Answered over 3 years ago.
Personal Injury Lawyer in Jersey City, NJ.
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.
3 people marked this answer as good
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