A lot of people ask us, hey, how long do I have to file a personal injury case in California? The answer is a little bit complicated because it depends on what type of claim you are filing and against whom you’re filing. So, if it’s what I would call like a standard personal injury case, which is any type of motor vehicle case, trip and fall, premises liability, products liability, cases like that, and if a government entity is not involved, it’s generally a two-year statute of limitations.
Where things change, some people think of medical malpractice as a form of personal injury, and it is a form of personal injury lawsuit. That’s different in California. And again, if it’s a private hospital, not a government or county hospital, you have one year to file a medical malpractice claim. And yet, you’re supposed to file 90 days before that a notice of claim to the health care provider.
All of those claims, if a government entity is involved, municipality or a state government, you know, like a county hospital for example, or whether you’re suing a city because of a pothole issue or the state, then you have a six-month claim statute which requires you to file a notice of government claim within six months. And then within six months of the rejection of that claim, you must actually file the lawsuit.
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Disclaimer: Attorney advertising. This is a dramatization. Past results do not guarantee future performance. Attorneys Mark Venardi and Martin Zurada are admitted to practice law in California only. This communication does not establish an attorney-client relationship, and Venardi Zurada LLP must accept your case before we will provide any legal services.
