Are there any time limits on filing a claim for a catastrophic injury?
Yes, there are time limits for filing a claim for a catastrophic injury in California. According to the California Code of Civil Procedure, a personal injury claim must be filed within two years of the date of injury. This is known as the statute of limitations. However, if the injury was not immediately apparent or if the victim was a minor at the time of the injury, the statute of limitations may be extended. In such cases, the victim has until one year after they become aware of the injury to file a claim. Additionally, if a defendant can be shown to have committed fraud or if there were other extenuating circumstances, the statute of limitations may also be extended. It is important to note that the statute of limitations is not the same as the statute of repose, which prevents any action after certain amount of time, regardless of when the victim became aware of the injury. The statute of repose for catastrophic injuries in California is generally three years. As such, it is important to file a claim as soon as possible to make sure that you are able to bring a claim to court within the required time limit. It is also important to speak with a lawyer who is experienced in catastrophic injury law to ensure that all applicable laws are followed and that the claim is filed correctly and within the time limit.
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