Why You Should Call Us Quickly: Statute of Limitations
California’s statute of limitations (SOL) is why contacting us quickly after your accident is essential. Time is not on your side, and if you waste too much of it, your case will be dismissed, ending your chances of compensation for your accident injury. Orange County personal injury attorney Aaron Hicks will explain how the state’s SOL works and why it must be taken seriously.
You don’t have forever to file a personal injury lawsuit. The time limit is two years after the injury. Orange County personal injury lawyer Aaron Hicks needs time to investigate your claim thoroughly, so it’s better to contact us sooner than later. With your help, Aaron Hicks and Hicks Law Firm can obtain the injury compensation you deserve.
What is a California Statute of Limitations on Personal Injury Claims?
The Statute of Limitations is a law setting the maximum period for a person to bring a legal action after an event (in this case, an injury). After it expires, with rare exceptions, the matter can no longer be pursued in court. Every jurisdiction has one, though their length can differ.
The purpose is to promote fairness and justice by having claims brought while evidence is still available and to protect individuals from defending themselves based on events that happened many years ago. If you’re injured and want to file a personal injury case in California, you have a maximum two years from your injury to do so (with some limited exceptions).
This can be extended in some situations. If you don’t realize you’re injured until much later, the SOL “clock” starts when you understand, or should’ve reasonably understood, that you are injured. California’s Code of Civil Procedure § 340.3 also provides more time to those injured during felony offenses under certain circumstances. The deadline can also be “tolled” or extended if the victim is a minor, incapacitated, imprisoned, or mentally incompetent.
Two Years is A Lot of Time. Isn’t It?
You don’t want to wait nearly two years after your personal injury to contact the Hicks Law Firm. Even waiting a month might harm your case.
Facts are the foundation of any personal injury case. Without the complete set of facts, you don’t have a full picture of your legal claims, their chances of success, what defenses the defendant might use, and how well they might work. The faster we investigate your claim, the more likely we will get all the relevant facts.
Time is not on your side after an accident because:
- It may become more difficult to locate and talk to witnesses
- Memories can fade or become distorted
- Critical documents may be lost, and computer files corrupted or deleted
- Physical evidence (like vehicle wreckage) may become lost or accidentally destroyed
- Something may happen to you, like another accident or serious illness, that impacts your ability to tell your story
By letting time slip away, you’re needlessly potentially complicating and endangering your legal claims.
Understanding How Your Medical Treatment Impacts Your Legal Claims
How your injuries are treated and how you approach their treatment impacts your ability to collect compensation and how much you receive. If you start your treatment and continue for a substantial time without understanding what you do and say affects your claims can be a big problem. If you speak to personal injury attorneys early in the process, you’ll be better positioned to maximize your rights and compensation.
To obtain the most compensation, you must reasonably follow medical advice and make efforts to mitigate (or lessen) the harm by making efforts to recover.
Following medical directions and advice shouldn’t be taken lightly. Don’t feel like you’re in a cafeteria, free to pick and choose as you please. If you don’t reasonably take medical direction and don’t put enough effort into your recovery, you risk your financial recovery being cut.
Defendants often try to limit what they need to pay by portraying plaintiffs as uncaring, lazy people who just want to take time off while planning on getting a big recovery to pay their bills. If you don’t speak to a California personal injury attorney early in your treatment and appreciate these issues, you may make mistakes that can cost you substantial amounts of money.
Aaron Hicks is a Lawyer You Can Trust
California’s statute of limitations stops most legal claims that haven’t been started two years after the injury. If you call the Hicks Law Firm soon after your personal injury accident, we can get your case started early and improve your chances of success.
We help our Orange County clients regain their lives by obtaining the most compensation possible for their injuries, but we can only do that if we have enough time. The personal injury Hicks Law Firm can enable you to pay your bills, return to work, and recover from your injuries. Call us at (949) 541-9944 or fill out our online contact form so we may discuss your case.
Aaron Hicks is a civil trial attorney and founder of Hicks Law Firm, based in Orange County with offices in San Diego and Tennessee. His practice includes representing plaintiffs in personal injury cases including motor vehicle accidents, premises liability, dog bites and wrongful death. Mr. Hicks is and AV Rated attorney, Super Lawyer and is currently on the Board of Directors of the Orange County Trial Lawyers Association where he serves as 1st Vice President.
