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When to File Personal Injury Lawsuit for Professional Negligence

Timeliness is crucial in pursuing a personal injury claim. A party may be entitled to claim compensation or damages for another person’s negligence but if filed out of time, the claim may be barred if the defendant raises the defense of prescription.

When Must a Personal Injury Lawsuit Be Filed?

California tort law generally allows a personal injury action to be brought within 2 years of the date of the injury or challenged act or omission. But when the lawsuit is based on allegations that professional negligence caused the plaintiff’s injury, the Supreme Court of California ruled that the action must be filed within 3 years of the date of the injury or within one year after the plaintiff discovers or should have discovered the injury, whichever is the earlier period.

Case of Professional Negligence

The high court’s ruling stemmed from a personal injury action of an injured patient. The plaintiff’s doctor had ordered that the hospital bed rails be raised after assessing the plaintiff’s medical condition. When the plaintiff attempted to rise from her hospital bed, the bed rail collapsed causing her to fall on the floor. The plaintiff who suffered injuries from her fall sued the hospital for its general negligence in failing to maintain the premises, make safe a dangerous condition on the premises, and for failing to warn her against the dangerous condition which was a foreseeable harm.

The defendant moved to dismiss the complaint claiming that the suit was filed out of time, having been brought close to 2 years after the incident. The Supreme Court agreed with the defendant, stating that the action was based on professional negligence rather than ordinary negligence and should have been filed within one year of the incident.

Why You Need an Experienced Personal Injury Attorney

The high court’s ruling confirms the importance of getting legal advice from an experienced personal injury attorney. Your lawyer should be able to evaluate your case, identify the nature of the action and the individuals or parties involved, and file your lawsuit before the period of prescription sets in.

In Los Angeles, California, the Bedford Law Group has years of proven experience in a wide range of personal injury cases. We have helped clients recover the true value of compensation that they legally deserve. We handle cases such as auto accidents, motorcycle accidents, professional negligence, dog bites, brain injury, and wrongful death cases.

If you or a loved one is injured in an accident, we invite you to call us today at (310) 507-7900 to learn more about how we can help you.

Prior results, testimonials and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Every case is different.

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