The Steps You Should Take If You Discover An Injury After The Statute Of Limitations

The Steps You Should Take If You Discover An Injury After The Statute Of Limitations

The statute of limitations for most personal injury claims in California is two years. Sometimes the statute of limitations is much shorter. If you get injured but fail to file a lawsuit within two years, you will be unable to do so. Being unable to do so prevents you from obtaining compensation.

Even though the statute of limitations is a core legal component of the personal injury claim process, there are several steps you can take if you discover an injury after the statute of limitations has passed.

Going over the steps you should take if you discover an injury after the statute of limitations and speaking with an experienced California personal injury attorney will help you obtain the compensation you deserve.

What Situations Can Allow You To Bypass The Personal Injury Statute Of Limitations?

Many different situations can allow you to bypass the personal injury statute of limitations. Out of all these situations, some of the most notable are as follows:

  1. If you are under the age of eighteen, then the statute of limitations begins when you turn eighteen.
  2. If you are/were mentally incapacitated, the statute of limitations begins when you regain your faculties.
  3. If you are/were incarcerated, then the statute of limitations starts when you are released.
  4. If the person you are filing against is out of the state, the statute of limitations may be paused.
  5. If the person you filed committed fraud/concealed illegal actions, the statute of limitations can be paused.
  6. If you did not learn of your injury until two years after it occurred, the statute of limitations begins then.

Every single one of the situations listed above helps you bypass the personal injury statute of limitations. Other situations, if present, may help you do so too. Speaking with an attorney to determine if this is true for your situation can be advantageous.

What Steps Should You Take If You Discover An Injury After The Statute Of Limitations?

If you have discovered an injury after the personal injury statute of limitations has already passed, then you must speak with an attorney.

Right after you speak with an attorney, you need to gather evidence that supports your claims.
Some of the different types of evidence you should obtain are as follows:

  1. Medical reports that demonstrate your injuries.
  2. Journal entries and other records that clarify your injuries.
  3. Pay slips that show the wages you have lost at work.
  4. Testimony from friends, family, and other witnesses.
  5. Documentation that proves your “statute of limitations” claim.

Regarding the latter, this means that if you did not discover the injury until some years after it occurred, you must provide documentation that supports this claim. And, you must support documentation that supports the claim that someone else was responsible for the injury.

If you can do the above, you will have a much easier time obtaining compensation.

Speak With A Northern California Personal Injury Attorney Today

If you would like to file a personal injury claim but have already passed the statute of limitations, you may need legal help. Speak with a Northern California personal injury attorney at Maire & Deedon today, and we will help you.