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 California 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.
Contact the Scarlett Law Group today to schedule a free initial consultation.
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.