California Personal Injury Lawyers Detailing the Statute of Limitations
When someone is injured by someone else's negligence, recklessness
or intentional conduct, it gives rise to the possibility of the filing
of a California personal injury lawsuit. However, anyone who has been
harmed needs to keep in mind that there are time limits involved with
these situations, and that failing to adhere to these time limits could
lead to the dismissal of even a valid case.
The best solution to this possible situation is to seek the help of experienced
California personal injury lawyers as soon as possible, but below you'll
find a brief overview of the statutes of limitations that are tied to
different types of
personal injury lawsuits.
General Personal Injury
When someone is harmed because of another person's negligence, the
plaintiff in a lawsuit has two years from the date of the injury to file
an action. However, there are limited exceptions to this time limit, such
as when the plaintiff could not have discovered an injury until a later
date, but those situations are rare.
Those who are harmed by
medical malpractice generally have either three years from the date of the injury or one year
from the date of the discovery of the injury, whichever comes first, to
file a lawsuit. Once again, though, the statute of limitations will not
work against a plaintiff if he or she could not have discovered such problems
as a foreign object inside his or her body or when fraud is present that
conceals the nature of the medical malpractice.
If someone is harmed by the intentional acts of another, that plaintiff
has one year to file a lawsuit for actions including slander, libel or
false imprisonment and two years for assault and battery.
Policy behind the Statute of Limitations
Generally, a person must adhere to these statutory time limits for several
reasons. One of them includes the notion that the longer the period of
time between the date of the injury and the filing of a lawsuit, the less
dependable and available evidence tends to be at trial. In addition, the
would-be defendant has the right to reach a point where he or she can
realize that a lawsuit cannot be filed.
Every statute of limitations issue in regards to California personal injury
lawsuits contains some exceptions and technicalities. Rather than risk
having your claim dismissed as a matter of law, seek the help of experienced
California personal injury lawyers as soon as possible if you or someone
you love has been injured. Contact the Scarlett Law Group today to schedule a
free initial consultation.