- January 21, 2019
- In personal Injury
When you are injured in an accident that was caused by another party’s negligent actions, you only have a certain time period to file your claim for damages. Burn injury claims are no exceptions. The time limit for financial recovery can vary depending on what type of party or individual caused the accident.
Below is helpful information regarding the time limit you have to file a burn injury claim. If you miss the deadline to file your claim, you will be forever barred from seeking damages. In order to avoid missing the statute of limitations, it is best to immediately seek the advice of an experienced Orange County burn accident attorney.
Statute of Limitations to File a Burn Injury Claim
California law allows accident victims two years from the date of the accident to file a civil lawsuit for monetary compensation against the at fault party. Failure to bring the claim within the statutory time period will result in an elimination of your right to recovery. However, this statute of limitation can vary. Below are different variations to the rule of law.
- Claims against government. In some cases, a burn injury may be the result of negligent or intentional actions by government employees, or agents of local, state or federal governments. In such cases, claims for recovery must be filed within 6 months from the date of accident with the agency in question. If the government agency rejects a claim, you will have two years from the date of accident to file a lawsuit in civil court.
- Claims on behalf of minors under age of 18. If the injured individual is under the age of 18, he or she will have two years from the date of their 18th birthday to file a claim for recovery. For example, if you suffered a burn injury on your 15th birthday, you will have five years to file a claim.
Exceptions to the Statute of Limitations – Tolling of the Statute
In some cases, the court may allow for a tolling or temporary halting of the statute of limitations. This means the clock stops running on the deadline to file an injury claim. The statute of limitations may be tolled in various situations. For example, in cases where an unknown injury exists and is later discovered, that fact may be used as grounds for postponing the statute of limitations deadline. The injured victim may have more than two years to file lawsuit.
Contact an Experienced Orange County Smoke Inhalation Injury Lawyer
If you or a loved has suffered a smoke inhalation injury in an accident caused by the negligence or recklessness of another party, you should discuss your legal options with an attorney as you may be entitled to compensation.
The Orange County smoke injury attorneys at the Law Offices of Samer Habbas advocate for our clients’ full financial recovery through hard work and aggressive lawyering. For more information or to schedule a complimentary consultation with one of our attorneys, please call the Law Offices of Samer Habbas at 949-449-2703.