Brictson & Cohn

How long do I have to file a lawsuit or claim?

How much is my case worth?

What are some good sources to research related information?

How long do I have to file

a lawsuit or claim?

How much time do you have to file a lawsuit? Unfortunately, no one-size-fits-all answer exists.

The statute of limitations (the time in which one may bring a lawsuit) varies with every state, the type of lawsuit, the type of injuries and who is being sued. Therefore, it is imperative that this information be determined as soon as possible if you think you might have a potential injury claim. For example, if your suit is against a governmental entity, you may have to file a claim within a very limited time and prior to filing a lawsuit. Even this time can vary from governmental entity to governmental entity. The failure to bring your suit in a timely and proper manner could forever bar your claim and result in you not being able to obtain any monetary damages for your injuries. In addition, there are special rules for minors. Additional research and information relating to statute of limitations issues can be found in the California Code of Civil Procedure, section 312 et seq.

Once you have ascertained what statute of limitations applies to your case, your next step is to determine when the clock starts ticking. In most situations the time starts to run on the "date of harm." However, a huge exception to this general rule exists. The exception protects plaintiffs in situations where they may not be aware for months or even years that they have been harmed. In such situations, statutes of limitations may begin the clock ticking either on the "date of discovery" of the harm, or on the date on which the plaintiff "should have discovered" the harm. In short, for some types of legal actions the statute of limitations clock can start ticking at three different times!

Earliest: The date of harm.

Later: The date on which the plaintiff reasonably should have discovered the harm. This refers to the date when a judge considers it fair to say that the plaintiff should have known about the harm, even if the plaintiff didn't actually know about it.

Latest: The date on which the plaintiff actually discovered the harm.

How much is my case worth?

There is a popular misconception that the value of an injury is simply based on some type of mathamatical formula - for instance twice the value of the medical bills. Because judges and juries often take into consideration the medical bills in determing other monetary damages such as those for pain and suffering, the amount of past medical bills or expenses is a consideration.

However, numerous other factors and issues deterimine the monetary value of a case. The issue of liability, or who is at fault, plays a signficant part. In other words, if the injured party is 50% at fault for the accident, it can reduce many of the damages or amounts of money recoverable by a corresponding amount. Therefore, the liability issues need to be carefully investigated, researched, and presented.

The degree of the injuries is a primary factor. Will the injuries result in signifcant long term pain and impairment? What are the effects on the persons quality of life and ability to continue with or obtain gainful employment? Did the injuries require extensive surgeries or hospitalization? What are the future medical costs and life care considerations?

To get a basic impression, legal practitioners often look at various practice guides which serve to break down past settlements, awards and verdicts nationwide by such things as county, age of the injured person, types of injuries, medical costs, past economic damages and future damages. Other important factors include the injured person and the wrongdoer themeselves. Does the injuried party come across as trustworthy and sympathetic? Were the past or current actions of the wrongdoer such as to make a a judge or jury angry enough to impose a larger monetary judgement or award than normal? Another important consideration is the actual amount of insurance or other assets that can be obtained from the wrongdoer to make up for the harm done to the injured person.

The bottom line is that there is no correct answer without an in depth understanding of a particular case and its unique facts. Proper case valuation is an art form which is the product of a great deal of knowledge and experience.

What are some good sources to research related information?

Findlaw.com

San Diego Superior Courts