How Long Do I have to File a Personal Injury Claim?

San Jose personal injury attorneys

Our San Jose Lawyers Discuss Personal Injury Cases

When you need to file a personal injury claim, time is of the essence. There may be some extenuating circumstances that give you more time. But, it is prudent to talk to Silicon Valley personal injury attorneys sooner, rather than later, to protect your rights.

Personal Injury Claims

If you are injured in an accident – or due to someone else’s negligence – you should reach out a personal Injury lawyer in the San Jose area for guidance. A personal injury attorney will be able to inform you of your rights. We can also assess if you can expect to recover damages and compensation for your injury.  

Statute of limitations

A statute of limitations determines the time that you have to bring a claim legally after an accident or incident. These timelines vary depending on the circumstances, so it is practical to talk to an attorney as soon as possible to make the deadlines. In the state of California, you have two years from the date that you were in your accident to file a personal injury claim to seek compensation.

Exceptions to the Rule

As noted above, there are some exceptions that may extend your two-year deadline to file a personal injury claim. If the statute of limitations has passed, you may still have time to file a personal injury claim if any of these exceptions apply:

  • Your injuries emerged later-on
  • The injured party is a minor or determined ‘mentally incapable’ of making their own decisions
  • If the person you are filing a claim against leaves the state, it may turn back the clock until they are located and served notice of your claim

If your personal injury claim is against a governmental body, employee, or agency, you have even less time to file. In these instances, you only have six months, so act quickly.

Contact a Bay Area Personal Injury Attorney As Soon As Possible

Need a San Jose personal injury attorney? Call the personal injury attorneys at Farling, Hecht & Davis, LLP, a San Jose, CA law firm. They can help with all kinds of legal issues, including helping you recover compensation for medical expenses and/or pain and suffering. If you have been injured, contact us here today.