Statute of Limitations FAQs

Every jurisdiction has different statutes of limitations for different kinds of cases. Below are some frequently asked questions regarding California’s statutes of limitations in personal injury cases, which include assault, battery, and injuries and death caused by a wrongful act or negligence. 

What is a Statute of Limitations FAQs?

A statute of limitations is a law set by a jurisdiction that provides the set amount of time that a victim of a tort may initiate a lawsuit against a defendant. Once the time passes, and absent some exception, a claim can no longer be filed. If a claim is filed and the statute of limitations has run out, an opposing party may offer that as a defense, and the court will dismiss the action. 

What is the Purpose of a Statute of Limitations?

The purpose of a statute of limitations is to create a clear way to resolve legal actions within a time that is reasonable. The reasons legislatures have enacted statutes of limitations include: 

• The statutes force a plaintiff to act timely in filing a legal claim, as waiting too long might preclude meaningful justice. It is the view that litigating a claim that has been dormant for a longer period of time is crueler than just. 
• Waiting too long can result in lost evidence. If a plaintiff waits too long to file a claim, memories can fade, and evidence may disappear. This can make it impossible for a defendant to defend himself and provide the proof necessary to disprove a claim against him. 

What is the Statute of Limitations for Personal Injury Cases?

In California, a plaintiff generally has two years from the date of injury to file a personal injury claim. However, there are times in which an injury is not discovered until a later date. In these cases, the statute of limitations will begin to run on the date of discovery. Another exception to this general rule allows a victim who was under the age of 18 at the time of the incident. Here, once the plaintiff turns 18, he has two years to bring a personal injury claim. Additionally, the statute of limitations may be extended where the plaintiff is mentally or physically incapacitated due to the injury. 

When the claim is against a government entity, including those at the city, county, and state levels, the plaintiff has 180 days, or six months, from the date of the incident to file a claim. The government then has 45 days to respond. Upon a denial, a plaintiff has 45 days to file a lawsuit from the date the denial was mailed. If the government entity fails to respond, then the plaintiff has two years from the date of the incident to file the lawsuit. 

What if I have questions about the Statute of Limitations in My Case?
If you are concerned about the time in which you may file a claim, call the personal injury lawyers at Jahrmarkt & Associates. Our lawyers will help you to understand if you have a claim and when you must file the claim. Call (310) 226-7676 or visit our website to schedule a free consultation today.