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Workers' Compensation & Personal Injury Attorneys in Walnut Creek, California
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Brand Peters PC is unique because of our ability to handle both personal injury and workers’ compensation cases. From construction accidents to traffic collisions, our attorneys have ample experience in mediating and litigating wide a range of case types.
Accident insurance should give you peace of mind when misfortune strikes. But sometimes, insurance companies will attempt to avoid their responsibilities to cut costs. If you or a loved one has been injured at work or because of a different act of negligence, don’t hesitate to call our Bay Area law firm. We proudly serve those throughout Oakland, Livermore, Fairfield, and Antioch, California.
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After being injured in an on-the-job accident, you should not hesitate to obtain the help of a workers’ compensation attorney from Brand Peters PC. With extensive experience in all matters related to work injury claims and filing for workers’ compensation, you can trust us to represent you. We also assist clients who are struggling with a range of matters related to workers’ compensation, including eligibility requirements, obtaining medical treatment, and obtaining temporary disability benefits. No matter how complex your situation may be, our workers’ comp attorneys are here to help you move forward.
We have the resources and skills to handle claims that involve multiple parties and lengthy settlement processes. If you or someone you love has been hurt in an accident, one of our personal injury attorneys will fight for the fair compensation you need to navigate the recovery process and rebuild your life after the misfortune. We have successfully represented thousands of injured clients throughout the San Francisco Bay area and are ready to provide you with the care and support you deserve. Call us today in Walnut Creek, California, to schedule your free initial consultation.
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How Long Do I Have to File a Personal Injury Lawsuit in Walnut Creek?
If you’ve been injured in Walnut Creek, you generally have two years from the date of the accident to file a personal injury lawsuit under California law. Miss this deadline and you could lose your right to seek compensation altogether. But there are important exceptions—such as claims against government agencies, medical malpractice cases, and situations involving minors—that may shorten or extend this window. Understanding these rules early is critical to protecting your case.
Why Deadlines Matter in Personal Injury Cases
The statute of limitations isn’t just a technicality. It is the legal clock that determines how long you have to take action. Once it runs out, the court will almost always dismiss your claim, no matter how strong your evidence is.
In Walnut Creek, personal injury cases cover a wide range of accidents, including:
- Car, truck, and motorcycle crashes
- Pedestrian and bicycle accidents
- Dog bites and animal attacks
- Slip and fall or premises liability claims
- Catastrophic injuries caused by negligence
Each case is unique, but they all share one thing in common: the statute of limitations can make or break your ability to recover compensation.
The Standard California Rule: Two Years from the Date of Injury
Walnut Creek falls under California’s jurisdiction, so the California Code of Civil Procedure (CCP) § 335.1 governs most personal injury lawsuits. This law gives injured people two years from the date of injury to file a lawsuit in court.
Example:
- If you were in a car accident on January 1, 2023, you must file your lawsuit no later than January 1, 2025.
- If you file even one day late, the defendant can ask the court to dismiss your claim, and the judge will almost certainly grant it.
This strict enforcement is why injured people in Walnut Creek are encouraged to act quickly.
Special Rules and Exceptions to the Two-Year Limit
While the two-year limit is the standard, California law recognizes that not all cases fit neatly into that box. Here are key exceptions that could change your filing deadline:
1. Medical Malpractice Claims
Medical malpractice cases are treated differently. Under CCP § 340.5, you must file either:
- Within three years from the date of injury, or
- Within one year from the date you discovered—or should have discovered—the injury,
Whichever comes first. This shorter “discovery rule” makes timing especially complicated in malpractice cases, where patients sometimes don’t realize they’ve been harmed until months or years later.
2. Wrongful Death Cases
If a loved one passes away due to someone else’s negligence, the statute of limitations for wrongful death is two years from the date of death. This is separate from the date of injury. Families in Walnut Creek need to know that waiting longer than two years can result in losing the right to file a wrongful death claim.
3. Claims Against Government Entities
Suing a government body (like the City of Walnut Creek, Contra Costa County, or a state agency) requires following special procedures under the California Government Claims Act.
- You must file an administrative claim within six months of the injury.
- If the government denies your claim, you have a limited period to file your lawsuit in court.
Missing these shorter deadlines can completely bar your case against a public entity.
4. Minors and Tolling Rules
If the injured person is a minor under 18, the statute of limitations is generally “tolled” (paused) until their 18th birthday. This means the two-year clock often doesn’t start until the child becomes an adult.
For example, if a 16-year-old is injured in a bike accident in Walnut Creek, they usually have until their 20th birthday to file suit. However, exceptions exist for certain cases like medical malpractice.
5. Discovery Rule for Latent Injuries
Some injuries don’t appear right away. Under the discovery rule, the statute of limitations may not begin until the injured person knew—or reasonably should have known—that the injury occurred and was caused by another’s negligence.
This is common in cases involving:
- Toxic exposure
- Defective products
- Hidden medical complications
6. Other Tolling Situations
California law also pauses (or “tolls”) the statute of limitations in certain scenarios, such as:
- When the defendant leaves the state
- When the injured person is mentally incapacitated
- During bankruptcy proceedings that involve the defendant
Each of these factors can change how much time you have to file.
How Courts Treat the Statute of Limitations
The statute of limitations is considered an affirmative defense. This means that if you file late, the defendant can raise it as a reason to dismiss your case—and courts almost always enforce it strictly.
Local Context: Personal Injury Lawsuits in Walnut Creek
Walnut Creek residents often face personal injury cases related to:
- Busy roadways such as I-680 and Highway 24, where car accidents are common.
- Shopping centers, restaurants, and businesses that may see slip-and-fall injuries.
- Residential neighborhoods, where dog bite cases can arise.
No matter the type of case, the deadline to file remains critical. Even when liability is clear, missing the statute of limitations can erase the chance to recover damages for medical bills, lost income, and pain and suffering.
Practical Timeline for Personal Injury Cases
Understanding the statute of limitations helps, but real-world cases involve several steps before a lawsuit is filed:
- Initial medical treatment and recovery. Immediate care and follow-up treatment establish the foundation of your case.
- Investigation and evidence gathering. Photos, witness statements, police reports, and medical records are collected.
- Negotiation with insurers. Many cases are resolved before litigation, but these talks take time.
- Filing the lawsuit. If settlement isn’t reached, the lawsuit must be filed before the statute of limitations expires.
Because these steps can take months, it’s important to begin the process well before the deadline.
Why Acting Quickly Protects Your Case
Acting early helps in several ways:
- Preserves evidence. Witness memories fade, and physical evidence may disappear.
- Gives leverage in settlement talks. Defendants take claims more seriously when the statute of limitations hasn’t expired.
- Avoids procedural mistakes. Filing close to the deadline leaves no room for error if paperwork is incomplete.
How Brand Peters PC Helps
At Brand Peters PC, our attorneys have extensive experience handling personal injury cases in Walnut Creek and throughout Contra Costa County. From car crashes to workers’ compensation, we guide clients through the legal process with one goal: protecting their right to fair compensation.
Key Takeaways on Deadlines in Walnut Creek
- Most personal injury lawsuits: 2 years from the date of injury
- Medical malpractice: 1 year from discovery or 3 years from injury, whichever comes first
- Wrongful death: 2 years from the date of death
- Government claims: 6 months to file an administrative claim
- Minors: Clock often starts at age 18
- Discovery rule and tolling: Can delay or extend the deadline depending on circumstances
Understanding which rule applies to your case requires careful evaluation of the facts.
Conclusion
The statute of limitations can feel like a legal technicality, but in reality, it’s the gatekeeper to your entire case. In Walnut Creek, that typically means you have just two years to act, though certain cases give you much less time. If you think you might have a personal injury claim, waiting can cost you everything.
At Brand Peters PC, we help clients across Walnut Creek navigate these strict deadlines and pursue the justice they deserve. Don’t let the clock run out on your case—reach out today through our contact page or call us directly at (925) 489-0746 to schedule a consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.
Dog Bite Injuries in Walnut Creek: Understanding California’s “Strict Liability” Rule
California is one of the most victim-friendly states when it comes to dog bite claims. Thanks to the state’s strict liability rule, dog owners are generally responsible for injuries caused by their dogs, even if the dog had never bitten anyone before, and even if the owner acted responsibly.
In Walnut Creek and across Contra Costa County, this means victims have powerful legal protections. If you’ve been bitten, you may be entitled to compensation for your medical bills, lost income, and other damages.
If you’ve suffered a dog bite, call (925) 489-0746 today or contact Brand Peters PC online for a free consultation.
What Is Strict Liability in California Dog Bite Law?
Under California Civil Code § 3342, dog owners are strictly liable if their dog bites someone who is lawfully in a public place or on private property. This rule simplifies the process for victims because:
- You do not need to prove the dog was dangerous or had bitten before.
- The “one-bite rule” (used in other states) does not apply in California.
- Even bites through clothing — without breaking the skin — may still qualify as actionable.
In California, dog owners are responsible for bites the moment they happen, regardless of the dog’s history.
Who Is Considered “Lawfully Present”?
Strict liability applies when the victim was legally on the property where the bite occurred. This includes:
- Public sidewalks, parks, or stores.
- Private property where you were invited, such as a neighbor’s home.
- Locations where you were working, such as delivering packages or performing maintenance.
Trespassers are generally not protected under the statute. If you were legally on the property when bitten, California’s strict liability law applies.
Exceptions and Defenses
While strict liability is broad, there are a few exceptions:
- Police and military dogs performing official duties may be exempt under certain circumstances.
- The “Veterinarian’s Rule” limits recovery when bites occur to professionals like vets, groomers, or handlers working with the dog.
- Comparative negligence may reduce damages if the victim provoked the dog, but liability still exists.
Limited exceptions exist, but in most cases, strict liability ensures victims can still pursue compensation.
When a Dog Causes Harm Without Biting
Not all dog-related injuries involve bites. If a dog knocks you over, chases you into traffic, or causes another injury, other legal paths may apply:
- Negligence – such as violating leash laws or failing to control the dog.
- Premises liability – if unsafe conditions on property contributed to the harm.
Even without a bite, victims may still recover damages through negligence or premises liability claims.
Local Context: Walnut Creek
Walnut Creek add important local factors to dog bite cases:
- Leash rules – Many parks and public spaces require leashes, even in open areas. Violations can support negligence claims.
- Reporting requirements – Contra Costa Animal Services requires dog bites to be reported, which triggers quarantine and rabies-control protocols. Reporting also creates documentation that supports your claim.
Local leash laws and reporting requirements can strengthen your case and protect public safety.
What To Do After a Dog Bite (General Guidance)
If you’ve been bitten, quick action is essential:
- Seek medical attention – dog bites can cause infections and serious complications.
- Report the bite – file with Contra Costa Animal Services to document the incident.
- Gather evidence – take photos of your injuries, note the location, and collect the dog owner’s information.
- Identify your status – clarify whether you were lawfully present on the property.
- Preserve communications – keep any texts, emails, or insurance correspondence.
Prompt medical treatment, reporting, and evidence collection create a strong foundation for your claim.
Q&A: Dog Bite Law in California
Does a dog need to have bitten someone before for me to have a case?
No. California’s strict liability law applies even if it’s the first bite.
What if the bite didn’t break my skin?
A bite through clothing can still qualify under California Civil Code § 3342.
Can I sue if I was delivering mail or packages?
Yes. Delivery workers are lawfully present and covered by strict liability.
What if I provoked the dog?
You may still recover damages, but compensation could be reduced.
Do leash laws matter?
Yes. Violating Walnut Creek’s leash rules may strengthen a negligence claim in addition to strict liability.
About Brand Peters PC: Walnut Creek Injury Attorneys
At Brand Peters PC, we know how devastating dog bite injuries can be. Our team brings more than 60 years of combined legal experience to every case. We offer:
- Deep expertise – handling dog bites, personal injury, and workers’ compensation together for a complete legal strategy.
- Proven results – including significant recoveries in complex injury cases.
- Trusted leadership – founding attorney Jonathan M. Brand has nearly 30 years of experience, supported by Nicolis Peters and Jennifer Klein-Bui.
- Accessibility and care – Spanish-speaking attorneys, flexible scheduling, and client-first communication.
With decades of success and a client-centered approach, Brand Peters PC is Walnut Creek’s trusted choice for dog bite and injury claims.
Bringing It All Together
Dog bites in Walnut Creek activate one of California’s strongest victim protections: strict liability. You don’t need to prove the dog was dangerous, and you don’t need to prove prior bites. If you were lawfully present when bitten, the law is on your side.
Next steps you can take:
- Get medical treatment and document your injuries.
- Report the bite to Animal Services.
- Preserve evidence and communications.
- Contact an experienced injury attorney for help.
At Brand Peters PC, we combine compassionate support with aggressive legal advocacy. Call us today at (925) 489-0746 to schedule a free consultation. You don’t have to navigate this alone — we’re here to guide you every step of the way.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.