The Statute of Limitations for Catastrophic Injury Claims in Orange County

Our Orange County Attorneys Discuss the Statute of Limitations for Filing a Catastrophic Injury Claim

When you’ve suffered a catastrophic injury, your life is never the same. Whether you’ve been involved in a horrific car crash or were hurt after a medical error, you will likely deal with financial, physical, and emotional pain that may last the rest of your life.

The skilled Orange County personal injury attorneys at Case Barnett Law understand the enormous challenges you’ll face with a catastrophic injury, and they also know you only have a certain amount of time to file a claim against the at-fault party. Here, they explain the statute of limitations for filing a catastrophic injury claim in Orange County and why you need an attorney to navigate the legal process.

What’s Considered a Catastrophic Injury?

In general, a catastrophic injury is characterized by having a permanent or long-term impact on someone’s life. Damage can be to the person’s physical and cognitive abilities, as well as their emotional well-being. Additionally, a catastrophic injury usually prevents a person from performing any gainful work.

There are many types of catastrophic injuries, including the following;

• Severe burns. Generally, victims who suffer first and second-degree burns recover with minimal scarring. However, third-degree burns and above are considered catastrophic. Because a third-degree burn penetrates every layer of skin, a victim will usually need surgery and skin grafts. Fourth-degree burns affect underlying tissue and even organs.
• Traumatic brain injuries (TBIs). These injuries occur when there is a sudden blow or jolt to the head and the brain is shaken back and forth inside the skull. TBIs can include a mild concussion to severe head trauma.
• Spinal cord injuries (SCIs). SCIs damage the spinal cord and can result in partial or complete paralysis. Victims may also suffer respiratory problems, chronic pain, and loss of bladder control.
• Loss of a limb. A catastrophic injury accounts for over 40% of all amputations. During an accident, a body part can be crushed or so badly damaged that it must be amputated to save the person’s life.
• Organ damage. Victims of a catastrophic injury may suffer organ damage, especially to a kidney. Any type of blunt-force trauma can rupture a kidney, which requires immediate medical attention.  

These types of injuries usually require extensive medical treatment, rehabilitation, and ongoing care, and the costs often exceed millions of dollars. That’s why it’s important to contact our Orange County personal injury attorney to help seek full and fair compensation.

Orange County’s Statute of Limitations for Catastrophic Injury Claims

In California, the statute of limitations for most personal injury claims, including those involving catastrophic injuries, is two years from the date of the injury. This means you must file a lawsuit within two years of the date you were hurt, or you may lose your right to seek compensation.

Two years may seem like a long time; however, because it’s critical to gather evidence for your claim and investigate the accident that caused your injuries, it’s important to obtain legal counsel right away. Evidence can be lost, and witnesses may not remember the accident as time passes. Having an attorney working on your claim immediately after you’re injured will help you obtain a fair settlement.

However, there are some exceptions to the two-year statute of limitations, including the following:

• Discovery rule. If your injury was not immediately apparent, the clock may not start ticking until you discover, or reasonably should have discovered, the injury. This is common in claims that involve toxic exposure or medical malpractice.
• Claims against the government. If your injury was caused by a government agency or employee, you must file a Government Tort Claim within six months of the date of the accident. If your claim is denied, you have six months to file a lawsuit.
• Injured minors. If the catastrophic injury is suffered by someone under 18, the statute of limitations is typically tolled (paused) until they turn 18. From that point, they have two years to file a lawsuit.

It's important to note that these are general guidelines, and the specific deadlines may vary depending on the unique circumstances of your case. That's why it's crucial to consult with an experienced Orange County personal injury lawyer as soon as possible after a catastrophic injury.

Contact Our Orange County Personal Injury Attorneys Right Away

When you’re in the hospital, it may be difficult to think about calling an attorney. Recovery from a catastrophic injury can take a long time, and your focus is on healing and trying to move on with your life. It may seem that you have plenty of time to obtain legal counsel. However, you need to act quickly after a catastrophic injury to ensure that critical evidence isn’t lost or destroyed; to help recover compensation that will help alleviate the financial cost of the accident; and to have peace of mind that your legal rights are being protected.

At Case Barnett Law, we understand the overwhelming challenges faced by catastrophic injury victims. Read our case results to learn how we’ve helped victims dealing with catastrophic injuries seek fair compensation.