In California, an injured person has two years from the day of the motor vehicle accident to file a personal injury claim. The same two-year statute applies in a wrongful death matter arising from a car accident.
When an accident is caused by a roadway in bad condition, such as lack of road signs, potholes or a dangerous design condition, a government claim must be filed against the governmental entity (i.e., the state, county, city, Caltrans, etc.) within 180 days from the time of the accident. So, depending upon whether the accident happened on a local street or state highway, a claim may need to be filed against the county or Caltrans if the state highway was involved.
So, if a governmental claim must be filed, you need to hire an attorney as soon after the accident as possible to investigate what they did wrong and get the claim sent to the appropriate entity.
Slip and fall incidents also carry a two-year statute of limitations.
Legal malpractice claims have a one-year statute of limitations that runs from the date of discovery of an attorney’s wrongful act or omission. Sometimes this is tricky to determine so calling an attorney right away when you think your attorney has caused you damage is important to preserve the statute.
If you are ever unsure how much time you have to file any claim for injuries and damages, contact our office. We are here to help. The consultation is free.