{"id":12995,"date":"2013-04-01T16:09:59","date_gmt":"2013-04-01T23:09:59","guid":{"rendered":"https:\/\/downtownlalaw.com\/?p=12995"},"modified":"2026-06-16T19:40:56","modified_gmt":"2026-06-16T19:40:56","slug":"statute-of-limitations-for-assault-and-battery-injury-lawsuit","status":"publish","type":"post","link":"https:\/\/downtownlalaw.com\/es\/news\/statute-of-limitations-for-assault-and-battery-injury-lawsuit\/","title":{"rendered":"Prescripci\u00f3n de la acci\u00f3n por lesiones - California"},"content":{"rendered":"

Statute of Limitations for Assault and Battery Injury Claims \u2013 California<\/h1>\n
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Individuals who have sustained injuries due to the intentional acts of assault and battery<\/a> as well as other acts of violent crime have the right to seek monetary compensation for their losses against all at fault parties. Criminal acts resulting in injury can take place anywhere including nightclubs<\/a>, in the workplace, at school, in public transportation systems such as buses and trains, and in the home. An important factor in determining the viability of a case is whether the statute of limitations for filing a claim has run its course. \"Statute \u00a0<\/p><\/div>\n

After suffering assault and battery, it can be difficult to figure out how to proceed. It is essential that you act with urgency. For more information about the total length of time that you have to file your assault and battery claim, do not hesitate to contact the attorneys here at our law firm as soon as possible. Our lawyers here at the Downtown L.A. Law Group are ready to evaluate your claim and help you file your claim as quickly as possible. If you are ready to speak with one of our lawyers, contact our lawyers<\/a> today.<\/span><\/p>\n

What is a Statute of Limitations?<\/span><\/p>\n

A statute of limitations is essentially a deadline that applies to claims. A statute of limitations establishes a time limit for claimants to file their lawsuits. If claimants fail to file their lawsuits within the time that is allowed by the statute of limitations, then claimants can risk losing their right to sue. <\/span><\/p>\n

What Deadline Applies to My Claim?<\/span><\/p>\n

If the Statute of Limitations has passed before a lawsuit is filed, then your rightful claim is barred permanently. It is vital to seek attorney representation as soon as possible before any statutory deadlines eliminate your right to recovery.<\/p>\n

Two Years to File and Assault and Battery Injury Civil Case<\/b> – Under California Code of Civil Procedure section 335.1 an individual (plaintiff) has two years from the date of the intentional act, “An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”<\/p>\n

What does this mean? If you were harmed after an assault and battery incident in California, your assault and battery claim will be subject to a two-year statute of limitations. Therefore, you will have two years to file your lawsuit. In general, this is the statute of limitations that applies to assault and battery claims given that the there was no city or government agency involved in the incident.<\/span><\/p>\n

Six Months to File\u00a0 a Lawsuit Against Government Agencies<\/strong> – Victims of violent crimes at the hands of government agencies including police officers \u00a0have six months (180 days) from the date of the act to file a claim, specifically an administrative claim, with the agency.<\/p>\n

After filing the initial administrative claim, the government agency will have 45 days to respond to the claim. Given that the agency responds within this time and denies<\/b> your claim, you will have an additional six months to file your lawsuit in court (from the date that you receive<\/a> the denial). If the agency fails to respond, you will have two years (from the date of the incident) to file your lawsuit. <\/span><\/p>\n

Without a doubt, the deadlines that apply to government claims are among the most complicated; therefore, we recommend that you seek legal assistance as soon as possible. Our lawyers are knowledgeable in government claims and can help you file your lawsuit<\/a> within the applicable deadlines.<\/span><\/p>\n

Exceptions to the Stature of Limitations. <\/b> In certain instances California courts will toll a statute (halt the statutory deadline for a period of time). Some common situations where the court will permit a tolling of the statutory period includes.<\/p>\n