A Statute of Limitations refers to the time limit an individual has to file a lawsuit for damages in the court of law. barring tolling exception, the Failure to file a claim within the statutory allotted time will result in a denial of the claim for recovery. The rise in the elderly population has contributed to an increase in Nursing home abuse
and elderly care injury claims across the country. It is vital to seek legal counsel in such matter before the statute of limitations bars recovery for damages.
Statute of Limitations for Civil Personal Injury Claims in the State of California
Code of Civil Procedure, §335.1
– 2 years from the date of the negligent or intentional act
Tolling of the Statute –
Exceptions to the Statutory Deadline to File a Claim in California Courts – California Law allows for exceptions to statutory limitations for filing a civil lawsuit in certain instances including
Statute of Limitation for Wrongful Death Due to Nursing Home Negligence
- Mental Incapacitation following the injury
- Physical Incapacitation following the injury
- The injury did not manifest itself until a later time after the act of abuse of negligence took place – under these circumstances the statute of limitations will run from the date where the injured party knew or should have known of the injury
California civil law allows for compensation by relative of individuals who have died due to the negligent or intentional (criminal) actions of others. Under California Code of Civil Procedure 377.60-377.62 persons who can bring a wrongful death cause of action include “the decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession”.
Speaking to an Attorney Regarding Nursing Home Abuse or Injury Lawsuits
- Statute of Limitations Wrongful Death – 2 years from the date of the incident ; Code of Civil Procedure, §335.1;
- Statute of Limitation for Medical malpractice Wrongful Death – 3 years from the date of the malpractice; Code of Civil Procedure, §340.5
Elderly victims of abuse and negligence are often some of the most vulnerable in our society. Our firm cares for the rights of the elderly and will aggressively fight for their representation. Our attorneys will make sure that your rights are protected and will take measures to alert the proper authorities and take all needed measures to ensure their future safety.