Statute of Limitations In California
Every state has a time limitation on when you could file a lawsuit. This exists on both the state-level and federal level. The plaintiff is the party known for filing the lawsuit, and the defendant is the party that defends themselves in the lawsuit. A plaintiff has a certain number of months, or years, as to when they can file their claim.
The time limit on each claim differs depending on the circumstances of the accident. That is why we advise everyone who has suffered an accident to contact a car accident attorney immediately to see how we can help. Our top rated car accident attorneys have been representing victims of accidents for decades, whether the claims involve car accidents, bus accidents, pedestrian accidents, hotel accidents, etc. California allows those who have been injured in an accident caused by another party to seek compensation from the at-fault party. There’s a variety of damages that the plaintiff could receive, which include lost wages, future lost income, permanent disability, emotional distress, and medical bills.
Our accident attorneys understand how devastating it could be to suffer an accident. An accident leaves many to wonder what the next steps are to take. Navigating through the legal process is not easy, especially with these time constraints added for various types of documents and motions. It is important that you contact an experienced attorney that has navigated through the legal process before. California has various different laws and statutes that differ depending on the circumstances of the accident, along with the parties involved.
Each state has different laws that address the time limit on each case. For more information on which time limit applies to your case, contact our experienced accident attorneys for a free case evaluation period during this case evaluation, we will listen to all the details that are necessary with your case, and determine when to file the case. We will also determine the date as to when you should file your claim. California statute of limitations range from six months to 10 years. The clock usually starts ticking and the statute of limitations applies when there has been a “wrong,” and the plaintiff suffers an injury.
What if I file my lawsuit too late?
If you file your lawsuit too late after the time limitations have passed, you will lose the right to file a lawsuit against the defendant for that claim again. This means that you will lose the right to seek compensation from the defendant. Most likely, the judge located in court will dismiss your case because it is barred by the statute of limitations. There’s a lot on the line, that is why we advise everyone to seek legal help immediately after suffering an injury.
Below are the different types of statute of limitations depending on the circumstances of the case:
- If you have been injured in a car accident, pedestrian accident, bus accident, Metro accident, you have two years from the date of the injury to file a lawsuit against the defendant.
- If you have been injured in a false imprisonment action, you have two years from the date of the injury to file a lawsuit against the defendant. False imprisonment occurs when the defendant intentionally consigns the plaintiff in a bounded area.
- If you have suffered injuries from another party’s libel and / or slander, you have one year from the date of the injury to file a lawsuit against the defendant. Libel and slander occur when the defendant makes a defamatory statement concerning the plaintiff which causes harm to the plaintiff’s reputation. For example, if a news reporter knowingly publishes a false article about you, you may be able to hold the news reporter responsible for libel.
- If you have suffered injuries from another party’s fraud, you have three years from the date of the injury to file the lawsuit.
- If you have suffered personal property damage, you have three years from the date of the injury to file a lawsuit against the defendant. Examples of personal property include damage to your home and damage to your car.
- If you would like to file a lawsuit against another party for trespass, you have three years from the date of the trespass. Trespass occurs when someone goes onto your property unlawfully without permission.
- If you suffered injuries due to another party’s professional malpractice, you have one year from discovery to file a lawsuit against the defendant. The different types of professional malpractice are medical malpractice, legal malpractice, and veterinary malpractice.
- If you have a claim against a government agency, you have six months from the date of the accident to file a claim. This is a very short time period a plaintiff may have to file a claim.
- If you have suffered injury from an oral contract made with the defendant, you have two years from the date the contract was broken to file a lawsuit against the defendant.
- If you have suffered injury from or written contracts, you have four years from the date the contract was breached to file a claim against the defendant.
As seen above, each type of circumstance has a different statute of limitations time period on when a plaintiff could file a lawsuit. We understand that these could be very confusing, especially when trying to figure out what type of claim your case falls under. Our attorneys are able to help every step of the way, and will assist you when navigating through the legal process. After an accident we want to make sure that our clients focus on healing rather than worrying about the legal process.
Could the statute of limitations be extended?
The statute of limitations can be extended, and there are several exceptions that apply. However, it is very rare for the court to grant an extension if you have already passed the time limit. For example, if the defendant has tried to hide the evidence, the statute of limitations will be paused. If the injured victim was a minor, the statute of limitations time period will not apply until they have reached the age of majority. For more information, and to see if any exceptions apply to your case, contact our top rated attorneys today.
Why hire our top-rated accident attorneys?
- been injured in accidents. We know all the statute of limitations that apply to each circumstance and accident.
- Our attorneys have free no risk obligation consultations where we will review your accident, and determine the statute of limitations time period that applies to your case.
- Our attorneys work on a contingency fee basis, which means that we take on all the risks associated with litigating your claim. All you have to do is relax and focus on healing from your injuries while all attorneys take all the necessary steps for you. We do not seek any compensation unless we win a settlement or judgment in your favor.
- Our car accident attorneys provide individualized attention to each case because we know that no two cases are the same. Each case falls under a different statute of limitations, and so we always make sure that our clients have all their concerns and questions answered.