Tuesday, April 22, 2014

Is It Too Late To File For A Settlement Claim?

File For A Settlement Claim
Los Angeles car accident attorney can be hired whenever a victim of a personal injury accident wants. He can always ask for a legal advice on how to go about with his case and achieve a fair settlement. However, as a legal rule, there is a certain time limit for victims to file for a claim. In other words, they could not just file anytime. There is a period of time as to when you are eligible to file. This rule is known as the “Statute of Limitations”.

Time Limit

Each state provides victims the eligibility to file for a claim in order to recover from the damages and injuries incurred from the accident. On the other hand, they may be given the right to fight for their right, but they have to do it within a limited time. For instance, a car accident attorney in Los Angeles knows that victims are given only 2 years for them to file for a lawsuit for the injuries they have incurred from the accident caused by someone's negligent actions. Otherwise, no settlement will be agreed upon. Courts in California will refuse to hear your case, not even in the future should it be beyond the given time. The clock would start ticking on the date the injury was incurred.

Do not Delay

Now that you have learned when to hire for an auto accident attorney in Los Angeles, it is important that you should not make any delays in filing for a lawsuit. In cases where the injury is not immediately discovered, 1 year from the date the injury was discovered is provided for the victim.

When will the clock start ticking?

The moment you figure out on the statute of limitations in your case, determining when the clock would start ticking would be the next step. In most cases, the timer would start on the “date of harm”. This refers to the date the injuries and damages were incurred.

Meanwhile, there are cases where the plaintiff or the victim may not be able to determine the date of harm. It is only then where the clock can start ticking in three different times.


This refers to the date when the plaintiff has discovered the injuries or damages.


At this point, the plaintiff or the victim should have discovered the harm. Else, it all depends on the decision of the judge to determine when it is fair the plaintiff should have known of the harm.


This is the date the victim has discovered the harm or injuries incurred.

In conclusion, car accident lawyers in Los Angeles are careful in examining your case. If you or a loved one has been harmed or injured from an accident caused by someone's negligence, do not make any delays. Seek for legal advice right away. Although you may be able to defend and represent yourself in court, in times like these, it is important to hire a professional in order to have a fair settlement.

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