Do You know the statutes of limitations pertaining to your case?
Statutes of limitations are laws that set specific time limits for when someone may file a lawsuit.
These legal time limits tend to differ for certain cases, but the time period usually begins on the date that a claim arises, such as the day of an auto accident. Once the time period has expired, however, the right to sue and recover damages is lost forever.
The purpose of statute of limitations is to protect defendants against false accusations after a period long enough that witnesses may forget or no longer be available, and the evidence has been lost.
Different types of cases have different statutes of limitations, and so it is critical to pursue legal action as soon as possible after suffering an injury.
The following are examples of statutory limitations in California:
- Libel / Slander / Defamation – 1 year
- Professional Malpractice – 1 year from date of discovery to a maximum of 4 years from the date of the wrongful act
- Personal Injury – 2 years
- Product Liability – 2 years
- Contracts – Oral: 2 years / Written: 4 years
- Medical Malpractice – 3 years from the date of the injury or 1 year from the date the plaintiff discovers the injury
- Fraud – 3 years
- Injury to Personal Property – 3 years
The law regarding the statute of limitations can get very complicated.
Since the statute of limitations is different, depending on the negligent actions involved, if you are concerned about losing your right to sue, it would be wise to consult with a qualified lawyer who can help determine which statute applies, and help preserve the right to recover damages.
An accomplished lawyer at the San Bernardino personal injury law offices of Welebir | Tierney can help you determine if you have a valid claim if you or a loved one has been injured as a result ofanother person’s negligence or wrongdoing.
Our legal team will provide compassionate and skillful guidance throughout the judicial process. To learn how we can help you during this difficult time, call us today.