FAQ: Do I need to file a personal injury claim within a specific time?

Filing a personal injury claim can be very daunting. There must be a thousand questions that you have in mind as you are coming to a decision whether to file a claim or not. One common question from people seeking compensation from their personal injury is whether there is a time limit on filing a personal injury claim.
 

All personal injury claims have to be filed within a period of time, this is called statutes of limitations. Each state has specific statutes of limitations for personal injury cases. In California, the statutes of limitation for personal injuries is two years. If you suffered from injuries from an accident caused by someone else's negligence, you have two years to file your personal injury claim. The time limit starts from the day of the accident. In the instance that the injury was not detected immediately, you have one year from the discover of the injury to file your claim. It is always advisable to consult a personal injury attorney as early as possible so you can file your claim on time. A personal injury claim can be withdrawn, but you can no longer file it once the statutes of limitations have expired.

There are some circumstances when the statutes of limitations are paused, delayed, or extended. In some states, when the victim is minor, the statutes of limitations only start when the victim reaches the age of majority. The statutes of limitations can also be stalled when the defendant files for bankruptcy. This is known as tolling of statutes of limitations.

Statutes of limitations provide security to possible defendants. If you are involved in an incident, you would not want to worry all your life whether you will face a personal injury claim or not. It protects you from uncertainty and allows you to move on with your life. If you are the aggrieved party, talk to a personal injury lawyer right after the incident to file your claim within the statutes of limitations.