Every state has different time limits on your ability to file a personal injury claim. For example, in California, the statute of limitations places a time limit on an injured party’s ability to sue the wrong doer for damages. There are a variety of reasons for these limitations, but it is sufficient for our purposes to note that these are generally strictly enforced with only few exceptions. If you bring a personal injury case after the statute of limitations has expired, California courts will likely refuse to hear your case and provide you with judicial relief. For this reason it is important to move as quickly as possible in protecting your legal rights to compensation, regardless of your specific circumstances.
The general statute of limitations for personal injury litigation in California is two years form the time of the accident. This means that after 24 months, it is likely not possible to recover from the negligent party, even if they are 100% at fault and you have suffered real damage as a consequence. This 2 year rule only applies to private party litigation. Where the individual has been harmed by an agent of government (essentially an employee of a municipality, county or state government acting in such capacity), the statute of limitations is reduced to six months from the time of the accident. This means that any claims against the government for your injuries will not be heard six months after the injury. This is certainly a short period of time, especially when the injured person is recovering from severe medical injuries.
Things are complicated further by the fact that in some instances the injured person may not realize the extent to which a local government may be responsible for their harm. If there was a defect of care in maintaining the street, railroad, licensing etc. that played a role in your accident, suit against the government may be appropriate. Because it is so difficult to determine who is legally liable for your injuries without the assistance of a personal injury attorney, it is advisable to seek legal counsel for your injury at your earliest convenience, so that your rights may be protected.