Many California personal injury lawsuits have a general two-year filing period, but that is not a safe assumption for every case. Attorney Norman Gregory Fernandez explains why prompt review matters in this video. The type of claim, defendant, injury and procedural history can change the analysis. Do not calculate your deadline from a short video alone.
Government claims may require earlier action
Claims involving California public entities can require presenting a government claim before filing suit. For many injury claims, the presentation period is generally six months. Other rules and exceptions can affect the next steps. Identify the actual public entity and obtain legal advice promptly rather than assuming an ordinary insurance claim satisfies the requirement.
Different kinds of claims have different rules
Medical negligence and other specialized claims can involve separate limitations provisions. Issues involving minors, discovery of an injury, death or other circumstances may require additional analysis. Never assume an exception applies merely because you were unaware of a deadline. Bring the relevant dates and documents to counsel for review.
Negotiation does not necessarily stop the clock
Speaking with an adjuster, obtaining treatment or exchanging settlement letters should not be treated as an automatic extension. Filing and service are also different procedural steps. Tell counsel about every notice, claim denial and agreement that might affect timing. Keep originals and envelopes when receipt or mailing dates may matter.
Gather the dates before the consultation
Prepare the incident date, when symptoms or the problem were discovered, the identity of potential defendants and copies of prior claims or pleadings. If a deadline may already have passed, seek advice immediately rather than guessing that nothing can be done. The California Courts self-help deadline resources provide general background, while your own facts determine the applicable analysis.
Discuss your California injury claim
For a free consultation with The Law Office of Norman Gregory Fernandez, call 800-816-1529.
General information supplementing the video, not a transcript or advice for a particular case. Viewing this page does not create an attorney-client relationship.
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The Law offices of Norman Gregory Fernandez & Associates has almost 3 decades of experience handling personal injury cases all over the state of California. We have handled thousands of cases and obtained millions of dollars in settlements and judgments for our clients. Call now for a no pressure free consultation with an actual attorney. Call 800-816-1529 extension 1, click the chat button on the left, or click here to submit your case.
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