Legal Question in Personal Injury in California

how long after a personell injury do you have to file a claim


Asked on 4/11/10, 6:04 pm

2 Answers from Attorneys

Ben Glen Law Offices of Ben Glen, PC

WITHOUT THE FULL FACTS, THIS QUESTION CAN'T BE ANSWERED. However, just to show you some, not all, of the different time periods that might apply, I'll state this: In many cases, a two year statute of limitations applies, but if it is against a governmental entity-not including the Federal Government or its departments- you have only 6 months in which to file a claim against the proper public entity and then a limited time of about 6 months in which to file a complaint in a court of proper jurisdiction. But even then, there are exceptions too detailed to go into here. If it is an uninsured motorist case, you have only one year from the date of loss in which to file a complaint against the prospective defendant(s) and/or in which to get a demand for arbitration by registered mail, return receipt requested, to the insurance company providing the uninsured motorist coverage . If the complaint is on behalf of a minor you have 2 years from the time the minor turns 18, unless it is an uninsured motorist claim where you must file a complaint against the defendant and/or get a demand for arbitration by certified mail, return receipt requested, to the insurance company providing the uninsured motorist coverage to the minor. THERE ARE MANY OTHER SITUATIONS THAT AFFECT THE CALCULATION TO DETERMINE THE LAST DATE ON WHICH TO FILE A COMPLAINT, FILE A CLAIM, OR SEND A DEMAND FOR UNINSURED MOTORIST ARBITRATION. CALL AN ATTORNEY TO DISCUSS THIS MATTER.Also, it is crucial to determine when you should file a complaint or claim, as opposed to the time by which you must do so. An attorney is in the best position to address these issues. Do NOT attempt to calculate the statute of limitations without the aid of an attorney. I would be happy to discuss the case with you for free. You can reach me at 1-877-236-4536.

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Answered on 4/16/10, 7:39 pm
BRUCE NELSON BRUCE E. NELSON ATTORNEY AT LAW

Mr. Glen is wrong about the uninsured time limits.It is two years for an adult or a minor starting at the date of the accident.It was extended the same time the statute of limitations for a regular personal injury claim was extended from one year to two years

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Answered on 4/16/10, 10:32 pm


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