Law Offices of Robert Breecker
Call for Free Consultation: 510.763.4444
Personal Service Individual Attention
Exceptional Personal Injury Representation
Since 1970
440 Grand Avenue, Suite 420
Oakland, California 94610
(510) 763-4444
Fax: (510) 893-2355
bob@breeckerlaw.com
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Robert Breecker is a Member of the AARP Legal Services Network.
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Bob's Blog
Be careful about statutes of limitations!
In California, the usual statute of limitations for personal injury actions is two years from the date of the injury. In medical malpractice actions, it is usually one year from the date of the injury. There are some exceptions that may increase the time for filing your lawsuit. Most people don't know, however, that sometimes the limitations period can be shorter. This is the case when your claim is against a public entity, such as the state, a city or county. In those situations, you must file your claim against the public entity within six months of the date of your injury. A client called me recently about a potential medical malpractice case. He had been treated at a hospital which was part of a health care district. If your personal injury or medical malpractice claim is against a health care district, you must first file a claim with the district within six months of your injury. If you don't file your claim within six months, you have to ask the district for permission to file your claim late. If the district refuses to let you file your claim late, you have to petition the court to allow you to do this. Because the client had failed to file his claim against the district within six months, I was unable to help him with his case. Moral of the story: if you think you might have a claim, don't wait--contact me right away!