The State of California provides for specific time limits for filing a lawsuit against at fault parties. Explicit deadlines can be based on several factors germane to the claim at hand. If you have any further questions or to learn more about specific deadlines which may apply to your claim please feel free contact our law offices. All legal consultations are provided by our attorneys free of charge.
Statute of Limitations for Filing a Personal Injury Lawsuit in the State of California
Victims of personal injury will have TWO YEARS from the date of the incident which resulted in the harm suffered. Minors, individuals under the age of 18, have two years from the date of their 18thbirthday to file a personal injury lawsuit against a non-government entity.
Statute of Limitations for Filing Damage to Personal Property Claim in California: Claimants have THREE YEARS from the date of the inception of the damage, date when the damage began, to file a lawsuit in the court of law.
Statute of Limitations for Filing a Claim against Government Entities: Claims against government institutions are often more complicated. Victims must initially file an administrative judicial claim within SIX MONTHS from the date of the incident resulting in the harm suffered. Once the government entity has rejected the claim a victim will have SIX MONTHS from the date of the rejection to file a claim in a California civil court.
Exceptions to Statute of Limitation – Tolling of a Statute: In certain limited circumstances courts will grant a tolling of a statute; thus allowing an individual to file a claim despite the fact that the statute of limitations has run. Some exceptions include the following…
· Physical or mental incapacitation of the victim.
· Incarceration of the victim resulting in his inability to file a lawsuit.
· Minor status of the victim.
· Individual’s injury or harm did not manifest itself until after the statute of limitations had run.
There are important deadlines and limitation placed on a victim’s right to file a claim in the court of law. It is important to seek out legal consultations immediate before any potential deadlines can jeopardize your right to recovery under the law. If you have any further legal questions please free to contact our law offices. All legal consultations are provided by our attorneys free of charge.