The statute of limitations is the time period a plaintiff has to file a claim against an at fault party for damages sustained. The State of California imposes certain time limitations on civil causes of action based on several factors including the type of damage recovery victims are seeking, the status of the defendants, and the location where the incident leading the cause of action arose.
California Statute of Limitations for Personal Injury
: California imposes a two year limit form the date of the injury to file a civil claim in the court of law. In certain instance the time period for filing a claim can be halted (tolled). Some of the most common instance where court will permit a tolling of the statute of limitation are as follows
Lawsuit Against Government Owned and Operated Entity
- Under age (Minor) Statute of the Injured Party: Under these circumstances the statute of limitations will be tolled until the underage person reaches his 18th birthday. So the two year time limit will begin to run on the individuals 18th birthday.
- Mental of physical incapacitation of the victim.
- The injury did not manifest itself until after the incident took place.
: Many construction projects in the State of California state run. In California lawsuit against government agencies must first be filed with the agency in question within six months of the injury. If the claim is denied the you can file a lawsuit in civil court where the normal two year statute of limitations will ensue.
Defective Product Litigation
: California Statute of Limitations Cal. Civ. Proc. Code § 312 et seq. In some cases, contraction site injuries are caused by defective machinery and construction equipment. The statute of limitation for product liability cases in the state of California is also two years.
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