Legal Question in Personal Injury in California
My wife and I lived in california a couple of years ago, she was injured at work due to a contractor working onsite. She still has an open workers comp case and has had ongoing out patient surgery for a neck injury (burning her nerve endings back to relieve chronic pain). We moved to Tennessee shorly after her injury due to my work. I was recently transferred back to california where my wife contacted a lawyer about filing a personel injury case aginst the contractor. the lawyer told her it had been 2 years and 3 monthes so she was past the time limit by 3 months. Is there any way to get around the two year time limit to file a personel injury case in california?
4 Answers from Attorneys
Not in the situation you describe. The exceptions to the limit involve delayed discovery of key facts that prevented you from being able to sue. Even if you don't know who to sue, you must file against a "John Doe" defendant and then promptly investigate who is liable. In your case, your wife knew everything necessary to sue the contractor long ago.
No, and I doubt that she would have a personal injury claim if she was injured while at work, as worker's compensation would be her exclusive remedy.
Under worker's compensation laws there are exceptions to one-year general rule to file an application. Feel free to call me at 213-388-7070 for a free consultation.
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