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How Long Do You Have to File a Personal Injury Lawsuit After a Serious Accident in California?

September 28, 2022 by Michael Waks

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It’s easy to put off calling an attorney after a serious accident. Even when the damages are adding up fast, commencing the claims process is often the last thing on your mind when recovering from debilitating injuries. 

The good news, however, is once your lawyer has a clear understanding of what happened, your legal team can essentially take over. They will handle virtually every aspect of your claim, so you’re free to focus on your health and your family. 

With that in mind, it’s wise to call an attorney and get the proceedings underway as soon as possible. This is because California has strict filing deadlines for personal injury actions. In other words, if you and the liable party cannot arrive at a satisfactory settlement, you’re going to have a limited amount of time to take them to court. And if you miss the deadline? You may not be left with any legal recourse. 

Under California tort law, the standard statute of limitations for personal injury actions is two years. That means plaintiffs usually have two years from the date on which they were hurt (or the date on which their injuries should have been discovered through reasonable diligence) to file a formal lawsuit against the liable party. 

While this might seem like a considerable amount of time, it’s inevitably going to pass faster than you realize. This is especially true if you sustained catastrophic injuries because it could take a year—or more—for you to reach maximum medical improvement. 

It’s also important to note that you might have less than two years to commence the proceedings. There are a few exceptions to this statute, and if one of them applies to your situation, you’re going to want to confirm the actual deadline as soon as possible. 

If it turns out a government agency is to blame for your injuries, for example, you must file an administrative claim with the appropriate entity within just six months (though in some cases this is extended to one year). The government then has 45 days to respond. 

If they deny your claim, you may proceed with a formal lawsuit. Should you receive a rejection letter, you have six months from the date on which the letter was mailed or delivered to you personally to bring your case. If you don’t receive a letter, however, you have two years from the date on which the cause of action occurred to take the agency to court. 

Call (562) 206-1939 for a Free Consultation with a Long Beach Personal Injury Lawyer After a Serious Accident 

Your Injuries Are Personal to Me 

When you’re ready to get your claim underway, turn to the Law Office of Michael D. Waks. Our tenacious team has secured numerous six- and seven-figure payouts for our valued clients. To set up a free initial consultation with a personal injury attorney in Long Beach, call (562) 206-1939 or fill out our Online Contact Form.

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Michael Waks
Michael Waks
Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.
Michael Waks
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Michael represented me in a personal injury case and I can’t recommend him enough. From the very first consultation he made sure that I was always aware of my options and up to speed with every aspect of my case. He answered all my questions and used his experience and expertise to help guide my decisions instead of trying to make them all for me. He not only ensured that the settlement I received was more than enough to cover all my bills and expenses but he also made sure I had piece of mind and would be taken care of going forward.

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