If you were injured as a result of someone else’s negligence, you qualify to seek monetary compensation by filing a personal injury claim. The type of accident, injuries, and specific situation will determine the type of claim and damages that must be pursued. Accident victims may wish to speak with a seasoned Fresno personal injury attorney who is familiar with an array of personal injury claims and their statute of limitations.
Types of Claims
- Auto, truck, and motorcycle accidents
- Pedestrian accidents
- Drunk driver accidents
- Dog Bites
- Slip and falls
- Burn injuries
- Brain injury
- Spinal cord injury
- Back and neck injuries
- Medical Malpractice
- Government claims
Statute of Limitations
The statute of limitations is the deadline that an accident victim has for filing a lawsuit. The majority of lawsuits must be filed within a certain amount of time. In general, when a statute of limitations on a case runs out a lawsuit can no longer be filed against the negligent party. The time-frame for when an injury victim can file a lawsuit varies depending on the type of legal claim being pursued.
Personal injury claims must be filed two years from the date of injury. However, if the injury was not discovered right away, then it is one year from the date that the injury is discovered. Property damage lawsuits must be filed three years from the date the damage occurred.
Claims against government agencies for personal injury must be filed with an agency within six (6) months from the date of injury. If the claim is denied, you have six (6) months from the denial date to file a lawsuit. If your claim is not denied, you have two years from the date of injury to file a lawsuit.
Tolling is a temporary suspension of the statute of limitations, but at a later time, it begins to run again. An example of this is when a defendant is a minor is and when they become eighteen (18) the statute will begin to run again. When the reason for the tolling ends, the statute of limitations begins to run again. Cases that deal with tolling are complicated and require the guidance of an attorney.
What Should I Tell The Insurance Company?
Nothing! After an accident, accident victims should never communicate with the insurance company. First, consult a Fresno personal injury attorney. The insurance company’s objective is to minimize their risk by placing blame on the personal injury victim by claiming negligence on the part of the victim and denying liability. If you have been offered a settlement by an insurance company before speaking with an attorney, do not sign anything until you have consulted with an attorney. A seasoned Fresno personal injury attorney will provide counsel you on the value of your case as they are most familiar with claims such as yours.
Hiring A Fresno Personal Injury Attorney
If you have been injured as a result of someone else’s negligence, in California you’re entitled to compensation. It is important to speak with a personal injury attorney who can properly determine what claim you must file and by what date, so you are not barred from recovery. The Grossman Law Offices has over 40 years of experience in personal injury matters. Call the Grossman Law Offices for a free consultation on the merits of your personal injury case.