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Burn Injury Lawsuit | Statute of Limitations | How Long to File a Claim


Burn Injury Lawsuit | Statute of Limitations | How Long to File a ClaimSerious burn injuries can be caused by many factors including defectively manufactures products, home fires, auto accidents, negligent care in day care centers and nursing homes, and improper negligent cooking methods. Below is helpful information regarding the time limit an individual has to file a claim for financial recovery in the state of California. If you have any questions regarding the filing of a lawsuit against an at fault party contact our law offices toll free. All consultations are free of charge (888) 649-7166. California Statute of Limitations: Under California law an individual has two years from the date of the incident resulting in an injury to file a civil lawsuit for monetary compensation in a court of law. Failure to file the claim within the statutory time period will result in an elimination of a victims right to recovery. Lawsuits Against Government: In many instance injuries are the result of negligent or intentional actions by government employees, or agents of local, state, or federal governments. Claims against government entities must be filed within 6 months from the date on incident with the agency in question. Once the government agency has rejected a claim a plaintiff has two years from the date of the incident to file a claim in civil court. Minors – Statute of Limitations for Victims under the Age of 18: Individuals under the age of 18 have two years from the date of their 18th birthday to file a claim. For example, if a student at a school sustained burn injuries on her 17th birthday, she would have three years to file a claim. Exceptions to the Statute of Limitations – Tolling of the Statute: In certain cases courts will allow for a tolling (temporary halting) of a statute of limitations. Common examples where courts have permitted the filing of a lawsuit despite the running of a statute of limitations includes instances where a plaintiff was physically or mentally incapacitated. Victim Right to Lawsuit -Types of Compensation Available:
  • Victims of serious burn injuries have a right to recovery for their losses including,
  • All medical expenses and rehabilitation costs
  • Lost wages and reduction of future income
  • Pain and Suffering
Legal consultation: If you have any further legal questions regarding a burn injury lawsuit contact our law firm. Al consultations regarding your claim are free of charge. Toll free (888) 649-7166.

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