How Long Do You Have to File a Head or Spine Injury Lawsuit?

Why Should You Be Quick to File Your Personal Injury Claim?

When you are suffering from an injury, you are likely focused on your recovery and worried about your job. You know you can file a personal injury claim, but you feel like you have plenty of time, especially when you consider the severity of a head or spinal injury. You may even be aware of the time restraints, but it seems like more than enough time. What’s the rush?

You would likely be surprised to learn how many Californians miss their opportunity to seek damages for injuries they have suffered. When you cross that deadline, you will likely never be able to pursue compensation for the injuries you’ve suffered and the wages you’ve lost. Now, you’re left holding the bill, wondering how you’re going to make ends meet.

We don’t want to see that happen.

Our personal injury team understands that you have a lot on your plate. That’s why we try to take as much off your shoulders as possible so that you can heal and we can do the legwork to make things right. If you have questions about how long you have to file a claim for your head or spinal cord injury, please call 619-375-5105 to schedule a free consultation today.

How Long Do You Have to File a Claim in California?

In California, the standard deadline to file a personal injury claim is only two years from the date of the injury. This deadline is known as the statute of limitations, and missing it can mean permanently missing your right to seek compensation.

• Standard personal injury claims: You have two years from the date of your injury to file a lawsuit.

• Claims for injuries not discovered right away: If your injury wasn’t immediately apparent, which is common with head injuries, you may have two years from the date the injury was discovered to file a claim.

• Claims against government entities: You must file a government claim within six months of the injury.

Is That True Even for Head and Spine Injuries?

Serious injuries to the brain or spine often require extensive medical evaluation. These injuries are frequently life-changing, resulting in permanent impairment or disabilities. In some cases, symptoms may not even appear until weeks or even years later. While the same deadlines apply, these types of injuries sometimes qualify for delayed discovery rules.

You have two years from the date of discovery to file a lawsuit, but only if you can show that you didn’t or couldn’t have known about the injury earlier with reasonable diligence.

How are Head and Spine Injuries Defined in Legal Terms and How Do You Prove It?

In legal terms, a head or spinal injury refers to damage that affects the brain, skull, spinal cord, or vertebrae. These injuries result in functional impairments, pain, and even long-term health complications. What makes these injuries even scarier is that even though they are severely dangerous, they’re not always readily visible.

Common qualifying injuries include:

• Concussions and traumatic brain injuries (TBI)
  
• Brain swelling or bleeding
  
• Herniated or bulging discs
  
• Spinal cord compression or fractures
  
• Partial or complete paralysis

Evidence You’ll Need to Prove It in Court

Because of the inapparent nature of these injuries paired with their severity, you will have an uphill battle proving your injuries to the court. You will be forced to rely on the testimony of healthcare professionals and ironclad documentation.

Evidence that will help you prove your injuries includes:

• Medical records

• Diagnostic imaging, like MRIs and CT scans

• Specialist evaluations from neurologists and spine surgeons

• Documentation of your symptoms and their impact on your life

• Testimony from treating physicians

Objective evidence is the key to proving your injuries and their negative impact on your life. Judges and insurers need to see not only that you’re hurt but how it has affected your daily life and ability to work.

Can You Seek Compensation If You Were Partially Responsible For Your Injuries?

You may be worried or have even had friends and family tell you that you can’t seek compensation if you are partially responsible for the accident that caused you injuries. The insurance company may have even implied as much, hoping you’ll be deterred from filing a claim.

California has a set of rules called pure comparative negligence, which means your percentage of fault reduces your compensation, but you can still file. For example, suppose you were involved in a car accident that resulted in a serious spine injury, and you were going over the speed limit. In that case, you may be found to be responsible for some percentage of your accident. Let’s say it is determined you are 20% responsible. That means you will receive 20% less in compensation.

The important part to remember is you can still file. Don’t let someone scare you away from seeking compensation for your injuries.

Are You Ready for a Proactive Approach?

When you work with Finn Trial Attorneys APC, you can feel confident that your personal injury team will be on top of all deadlines. Even better, if you are feeling overwhelmed by the aggravating back and forth with the insurance companies, we can take over so you can rest and worry about healing.

We are full-service and we will work hard to collect evidence, meet deadlines, and pursue maximum compensation for your injuries. Don’t wait, call 619-375-5105to schedule a free consultation with our team.