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

If you’ve been seriously injured in an accident or other incident, your next step may be to file a personal injury claim. Filing a personal injury claim allows you to receive financial recovery for the damages you incurred. If you are wondering, how long do I have to file a personal injury claim? It may be time to work with a Santa Ana personal injury attorney.

Filing a personal injury claim can be a daunting task, which is why it’s helpful to have as much information about the process as possible.

Personal Injury Statute of Limitations

In general, you have two years from the date of the injury to file your personal injury claim. However, the limits are shorter if you’re suing a government entity. The defendant will then have 30 days to respond once they are served the Summons and Complaint. They also have the option to sue you back if they feel you also caused damages in the incident.

What Are the Different Types of Personal Injury Claims in California?

Personal injury claims allow people who have been injured due to someone else’s actions to seek compensation for their suffering. There are many different situations in which a person can be injured out in the world, which means there are many types of personal injury claims you can file, too.

Some of the most common types of personal injury claims include:

• Assault and battery
• Bicycle accident
• Car accidents
• Construction accidents
• Defamation
• Defective products
• Dog bite injuries
• Medical malpractice
• Motorcycle accidents
• Nursing home abuses
• Product liability
• Slip and fall injuries
• Truck accidents
• Wrongful death

How Do I File a Personal Injury Claim in California?

If you’re filing a personal injury claim in California that is not due to a work-related incident, you can expect it to go to the California civil court system. The process of filing a claim is straightforward, but it does involve you taking specific steps to ensure you’re handling everything properly.

• Establish legal standing. Legal standing refers to the right to file a claim. To have it, you must establish that you were harmed directly by the defendant’s action or inaction, be a person or entity with legal status, and have legal capacity.
• Find an experienced personal injury lawyer. Finding the right attorney can be crucial for the success of your personal injury case. It’s important that you work with someone that you feel comfortable with and that you trust to advocate for you throughout the claim.
• Figure out where you are filing your personal injury claim. The next step in the process is to determine where you want to file. You must file your personal injury claim in the county where the injury happened, where many of the witnesses to your injury live, where the defendant lives or has a business, or where you live or have a business. The right venue for your case can depend on the unique factors of your case, so it’s pertinent to discuss your options with your lawyer.
• File your claim. When you have all the information ready to go, your next step is to file the claim. Remember that you must be within the two-year statute of limitations to file a claim, or you lose the right to do so.
• File your complaint. Before officially filing with the court, your attorney may help you try to negotiate a settlement with the other party. If you can come to an agreement, you can avoid going to court altogether. Otherwise, the defendant will receive an official Summons from you and the court will receive a Complaint. From there, your case goes to trial.

FAQs

Q: How Do I Know If I Have a Case for a Personal Injury Claim?

A: In most scenarios, you’ll have a case for a personal injury claim if someone acting negligently caused you harm. An easy way to ensure you have a case is to work with a Santa Ana personal injury attorney. A professional will be able to review your claim and help you better understand your options based on the unique circumstances of your situation.

Q: How Long Will It Take to Get My Settlement for a Personal Injury Claim?

A: The length of your personal injury case, as well as how long it takes for you to receive your settlement, depends on the complexity of the case because that dictates how quickly you can move through each phase of the process. Working with a personal injury attorney can help you move through the process more quickly.

Q: What Is the Average Settlement for a Personal Injury Claim in California?

A: The average settlement for personal injury claims in California can vary depending on several factors. For starters, the type of injury claim will determine your settlement amount. Other influences include the severity of your injuries, accrued medical expenses, lost income and earnings, liability, insurance coverage, evidence, pain and suffering, and more.

Q: How Do I Pay Medical Bills While I’m Waiting to Get My Settlement?

A: The defendant’s insurance will not pay anything until their liability is proven, leaving you to foot the bill for your medical expenses on your own unless you can reach an agreement with a hospital to treat you right away with the agreement that they will be paid later once you have your settlement.

Santa Ana Personal Injury Attorney

Now that you know how to file a personal injury claim, the next step in the process is to reach out to an experienced Santa Ana personal injury attorney to guide you through the process. By working with a professional, you can have peace of mind knowing you’re covering your bases and giving yourself solid legal protection after an injury.

At Blake & Ayaz, we customize our services to meet the unique needs of each individual client, so we’re confident we can help you through your personal injury claim. Contact our office to set up an appointment to get started.