The law of Statute of Limitations

Statute of Limitations

There are many different reasons why a lawsuit may be brought forward, with the legal issues differing for each party’s situation. If a party were to suffer a personal injury, a personal injury lawsuit can be filed with the hopes of recovering damages (payments for things like lost wages, pain, and suffering). While a personal injury can be very difficult to deal with if a person wishes to pursue a lawsuit they should be aware of any statute of limitations. What are these statutes? They are the allowed legal period during which you can bring forward a specific claim. For example, you may only have months to a few years to file a lawsuit following an accident.

Statute of LimitationsThe plaintiff has the duration of the statute to file the lawsuit and receive damages (if the judge awards any). However, once the statute has run, the plaintiff may not sue regarding that specific legal claim. For those seeking to file a suit, it is important that they speak with a lawyer as each claim has its own statute, and more rules can apply. For example, a personal injury case has a statute of limitations for two years, while medical malpractice is for one year, breach of a written contract is four years, and defamation is down to one year. For these legal issues, the plaintiff has the above specified time limits to bring forth a lawsuit.

While the limitations are upheld for most cases in California, there are some exceptions to the rules. A statute of limitations can be tolling and, therefore, not running because of specific reasons. If the plaintiff was under the age of 18 when the injury occurred, the statute will be tolling until the minor becomes a legal adult. Some claims may have very strict rules regarding their statute of limitations, which is why the advice of an experienced litigation lawyer will prove vital.


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