How Long Do I Have To File A Personal Injury Lawsuit Involving A Fractured Bone Under los angeles Law?
- October 5, 2017
According to Los Angeles personal injury law, you have two years from the date of your injury to file a lawsuit regarding your broken bone injury. California has a statute of limitations law that limits the amount of time you have to file a personal injury claim in Los Angeles County court. Although you have two years to file a claim, there are many things you should know about filing a Los Angeles accident claim.
The Amount of Time is Limited if You are Suing the Los Angeles County or a government agency.
A broken bone injury is considered an injury to a person claim. This means the defendant, or the one you are suing, hurt you with or without intending to do so. For the statute of limitations, intent does not matter. It may matter later when you have to prove your case in court.
However, if your broken bone accident happened on government property or because of a government entity different statute of limitations apply. You have six months to file a claim from the date you were injured. This does not mean you file in court. You have six months to file an administrative claim with the government agency or office that wrongful party.
The government has three options to resolve your claim within 45 days: deny your claim, ignore it or approve it. If it denies your claim, you can file a personal injury claim in county court. You have six months from the day you received the denial letter.
The government agency can choose to ignore your administrative claim within 45 days. This means it does send you an approval or denial. You have two years from the date the accident occurred to file a personal injury claim in Los Angeles County court.
Los Angeles Statute of Limitations Starts from the Moment Your Accident Occurs
Personal injury law has an invisible ticking clock. Although you have two years to file your lawsuit, time begins immediately. In fact, it starts the day your accident happened. For example, your accident happened October 1, 2017. Maybe you were in a car accident and you sustained a broken bone. You have until October 1, 2019 to file your claim in county.
Sometimes the Statute of Limitations “Tolls”
Sometimes the statute of limitations stops, or is suspended, for a period of time. This is called tolled. The statute of limitations may stop six months or a year later. This happens for a specific reason. For instance, the defendant is a minor. You have two years from the date the minor turns 18 years old to file your lawsuit.
The same will happen if the defendant goes to prison. The time restarts after they leave prison. If the defendant is declared insane during your two-year period, the statute of limitations stops. It restarts after the person is no longer insane.
You are No Longer Allowed to File a Lawsuit in Los Angles for Your Broken Bone Injury After the Statute of Limitations Ends
You have two years to file a lawsuit for your broken bone. If you wait after that two-year period, you will lose your legal right to sue. The legal term is being “barred” from suing. This means the defendant will not pay you for your accident-related expenses. If you file, your lawsuit will be dismissed.
One Exception to the Statute of Limitations Rule
The only time you will be able to sue after the statute of limitations runs out if you did not know about your broken bone. If you discovered your broken bone injury happened because of your accident, you have one year to sue. This is called the discovery rule. The statute of limitations starts the day you discovered your injury.
The discovery rule often happens in medical malpractice cases, but it can apply to other accidents too. You may have suffered a fractured bone in a car accident. It did not heal properly. You later find out the broken bone occurred during the car accident four years after the statute of limitations ended. You can still sue.
Contact a Los Angeles Attorney about Your Accident
The defendant knows about the statute of limitations. They will use this against you and prevent you from suing. Contact us immediately.