If you or a member of your family suffered harm due to an assault at a gas station, you may be interested in filing an assault case. Based on the details surrounding your claim, you could have the right to file a lawsuit; this could include an injury lawsuit or a wrongful death lawsuit. You could even be entitled to compensation.
If you are thinking about pursuing a claim, however, it is important that you understand that your claim may be subject to a strict deadline.
To ensure that you have a thorough understanding of your legal options and the time that you have to pursue your claim, please do not hesitate to reach out to our legal team as soon as possible. Our lawyers here at the Normandie Law Firm have decades of experience and are more than ready to provide you with the guidance that you need to help you get justice.
What is a Statute of Limitations?
A statute of limitations is a deadline that applies to all claims. The statute of limitations determines the total length of time that claimants have to pursue their lawsuits after any incident. If lawsuits are not filed within the time allowed by the statute of limitations, then claimants can lose their right to sue.
It is important to note that certain exceptions to the statute of limitations could apply, meaning that the clock counting the time left for any specific deadline could be temporarily paused. Exceptions could include the following
- Delayed discovery: the clock starts when the plaintiff discovers or should have discovered the harm that occurred and its cause, rather than the date of the incident
- The age of the victim: if the plaintiff is under 18, the clock is paused until their 18th birthday and then starts counting.
- Mental/physical incapacity: if the plaintiff in incapable of acting, whether it is because of a mental incapacity or physical incapacity (like if they were left in a coma), then the clock is paused until they regain their capacity.
- And more
Because the specific details surrounding each claim can affect the total length of time that claimants have to sue, it is important to discuss the deadline that applies to your claim with an experienced lawyer. In fact, understanding the statute of limitations that applies to your claim is one of the most important things that you can do.
What Deadline Applies to Your Gas Station Assault Case?
If you were injured in an assault incident at a gas station, your claim will be subject to a deadline. In California, assault and battery cases (including those resulting in injury or wrongful death) are generally subject to a two-year statute of limitations, which means that claimants will only have two years to file their claims. As mentioned above, certain exceptions could apply to the deadline, meaning that the two-year timeline may be tolled or paused for some time.
What Happens If I Miss the Deadline?
In general, when claimants miss the filing deadline, they lose their right to file a claim entirely. However, there are certain conditions that may result in the filing deadline being extended. For example, if the deadline was missed due to incompetence of the legal team handling the claim, the affected claimant may petition the court for a filing extension. Of course, this is not a guarantee.
If you did not file your claim by the time allowed by the statute of limitations, you should reach out to a lawyer to explore whether there are still any options available to you.
Contact the Normandie Law Firm Today
Without a doubt, an assault incident at a gas station could leave victims and their families with many questions about the legal options available to them. Although victims and their families could have the right to file claims and receive compensation, they must adhere to strict deadlines to maintain their right to sue. If you are ready to explore the options available to you, please do not hesitate to reach out to our firm as soon as possible. Our firm offers free case evaluations, which include free consultations and free second opinions. During these free legal services, our team will be available to answer all your questions, address all your concerns, and ensure that you have access to all the information that you need to begin or continue your claim. To schedule your free case review, contact our firm today.
Zero-Fee Guarantee: you will never be required to pay upfront legal costs for any of our legal services. In addition, our firm works on a strict contingency basis, meaning that you will not be responsible for paying anything at all if your claim is not successful.
Contact us today for more information.
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