More than perhaps any other area of law, the statute of limitations in personal injury cases is critically important. Some areas of personal injury only allow six months to file suit, otherwise your chance to recover damages for your loss is gone forever. This is where an experienced personal injury lawyer in Modesto can be your best ally. A lawyer will outline your options while taking your situation into careful consideration to achieve the best results for you.
The Clock Is Ticking
In the state of California, most personal injury claims must be filed within 2 years of occurrence, except for:
Slander, Libel, False Imprisonment - 1 year
Medical Malpractice - 3 years from the date of injury or 1 year from the date of discovery (whichever comes first)
Other professional malpractice - 1 year
Fraud - 3 years
Municipal Liability/Sovereign Immunity - 6 months
If you are suing for less than $7,500 in damages, you must file in small claims court. All other suits should be filed in standard state trial court (or appellate court if you're appealing because you were not satisfied with the original trial court's decision).
Filing Suit for a Personal Injury
Most people don't want to become involved in lawsuits, but negligence and wrongdoing by others makes it necessary for many hardworking Modesto residents. Individuals and corporations will do almost anything to get out of paying what they owe, especially during tough economic times. But that doesn't mean that you don't deserve recovery for your injuries or for the loss of a loved one.
You can often get pushed into taking settlements from companies after workplace injuries like fractures, dismemberment, paralysis, and even death. Similarly, car insurance companies and medical facilities will also move to quickly settle a case so that you won't engage in litigation. However, it pays to examine your options before you accept any settlement, no matter how generous it seems. A qualified Modesto attorney can review your offer and advise you on the ideal course of action to take pay for lost wages, inability to work, pain and suffering.
