Personal Injury

How Long You Have To Sue Someone For Personal Injury

By July 4, 2019 No Comments

Personal Injury Compensation

A person is entitled to financial compensation if they have sustained injuries because of another individual or group’s actions. The wrongdoer’s insurance company may offer you the compensation to cover any injuries or property damages sustained, but it’s important to take time to explore all options before accepting any offers. A great Los Angeles personal injury attorney provides the victim with proper legal counsel, as well as a guide to help them navigate the case and be awarded their rightful compensation. In California, El Dabe Ritter Trial Lawyers provide the best personal injury attorneys.

Statute of Limitations

Every state has its own time limits for when to file a lawsuit. These time limits are known as statutes of limitations. Generally, statutes of limitations allow at least one year from the date of the accident. Even within a given state, the time limit still varies according to the type of claim. Consulting a good attorney for a personal injury claim can help you understand the complexity of the case, and help the client find out when the clock started ticking. Most of the time, the time starts on the day the complainant was injured, also referred to as the “date of harm.” The rule does not apply to situations where the complainant was not aware of the harm that occurred. In such cases, the time begins on the “date of discovery” of harm.

The Aftermath

After a case has been filed on time, the statute of limitations does not consider how long the case takes to conclude. Most states, however, have a “diligent prosecution” statute, which states a time period for a victim to move the case to trial or face dismissal. The timings of a personal injury case are complex, but an experienced attorney should be able to walk the client through their situation successfully. Additionally, if a plaintiff happens to be late, the judge will not automatically throw the case out with the help of a qualified attorney. The defendant must first show that the statute of limitations was violated, and then include an “affirmative defense,” alleging that the plaintiff’s claim is untimely. The defendant can also file a Motion to Dismiss.

Government Agencies

If the defendant is a government agency, the plaintiff will need to first file an administrative claim with the government body which the agency is part of, such as the city, state or county. With government agencies, the time limit to submit an administrative claim may be as little as 60 days. Most likely, the government agency will deny your claim, and the denial letter will inform the victim how long they have to file a lawsuit in court. Claiming compensation from the government agency requires the help of a skilled personal injury attorney. In California, El Dabe Ritter Trial Lawyers are best known for handling such cases.

Conclusion

El Dabe Ritter Trial Lawyers have a combined 30 years of experience of winning personal injury lawsuits for their clients. They serve the entire state of California, handling different types of personal injury cases including car accidents, impaired driving, slip and fall, and pedestrian accidents, among others. They take no charge for consultation unless they win the case, meaning the client has nothing to lose. At El Dabe Ritter Trial Lawyers, your Los Angeles personal injury attorneys treat every client with respect, empathy, and provide sufficient personal attention. They understand what a personal injury victim is going through and how the injuries heavily impact their lives. If you need personal injury attorneys you can count on, call El Dabe Ritter Trial Lawyers today!