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Statute of Limitations and Personal Injury


For many of us, when a personal injury occurs there can be a lot of mixed feelings. Some people may feel guilty that they got injured, even when the blame lies with someone else.

The first concerns you will obviously have will be about your health and safety. You may not even be considering what help you may be entitled to.

After the initial shock and pain begin to wear off, you will want to take stock of your situation. How were you injured? What pain or physical limitations do you face from your injuries? Think about how your work has been affected as well. Are you still able to stand for long shifts, focus on necessary details or even get up in the morning and face the day at all? Lastly, you have to take a look at yourself mentally and emotionally. Have you been traumatized by what happened? Are you having stress, anxiety, or other disorders related to the events surrounding your injury?

Once you have gone to the doctor, you will be on your way to finding out what damage has been caused. Keep in mind, though, that you may not be aware of the lasting effects of your injuries until much later.

This is where the statute of limitations in California comes in. In this state, you have two years to make a personal injury claim. However, the official wording states “Two years from the injury. If the injury was not discovered right away, then it is 1 year from the date the injury was discovered.”

And this is very important. Let’s say you fell in a business because the floor was wet. Maybe you have some bruising and pain at first, but you don’t think you need to see a doctor right away. But what if you realize you have developed neck pain, since the accident, and it’s not going away. You could be facing doctor, pain management, or physical therapist bills. You could be missing time from work, or even feeling depressed because of the new problems in your life.

That would be the time to go back to your doctor or to go for the first time. And, this is also the time to seek a qualified and trusted attorney in your area with a long history in personal injury suits. You will want to work with your new lawyer to go over the events that lead to your problems. You will want to see about getting any photographs or videos that may prove helpful to your claims. There may have been people around who saw the incident, it could prove worthwhile to try to find or contact any potential witnesses.

Your medical history will also play an important role in these discussions. Make sure you have all your results, visits, prescriptions collected to show your lawyer. See if you need to go to a specialist or pursue some help for any mental distress.

Lastly, you will want to keep track of any problems you run into at work. Keep a record of how you are feeling and how it has affected your attendance and performance at your job.


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