Statute of Limitations
The statute of limitations is the deadline for filing a lawsuit, meaning that most lawsuits must be filed within a specific amount of time. Once the statute of limitations on a case “runs out,” the legal claim is not valid any longer. If an injured party (plaintiff) files a lawsuit after the statute of limitations has run, the court may dismiss (i.e. throw out the case) leaving the plaintiff with no legally enforceable means of recovery or compensation.
The period of time during which you can file a lawsuit varies depending on the type of legal claim. For example, the statute of limitation in California for most personal injury claims is generally two years from the date the injury, unless the injury was not discovered right away, in which case it would be 1 year from the date the injury was discovered. In contrast, in California, a claim against a healthcare provider (i.e. medical malpractice claim) must be filed 1 year from the date plaintiff knows or should have known about the injury, or 3 years from the date of the injury whichever is the earlier date.
There are many complex rules (including a large body of case law) governing when a statute begins to run or when it is “tolled” or paused based on various factor such as the specific type of case, the age of the plaintiff, and/or the circumstances surrounding the case, so only an experienced attorney can determine whether or not the deadline to file has passed. Therefore, if you are injured or believe you have a legal claim, it is critical that you contact an attorney as soon as possible in order to preserve your rights.
- The clock typically begins to run from the date the incident happened, or, in some cases, when the harm was discovered or reasonably should have been discovered. This is known as the "discovery rule".
- Effect of missing the deadline: If a lawsuit or charge is not filed within the specified timeframe, the court will likely dismiss the case, regardless of its merits. This means losing the opportunity to seek compensation or remedies.
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Different time limits for different cases: Statutes of limitations vary depending on the type of case and jurisdiction (state vs. federal).
- Personal Injury: In California, the statute of limitations for personal injury is generally two years from the date of the injury.
- Breach of Contract: In California, the statute of limitations for a written contract is four years, and two years for an oral contract.
- Criminal Cases: Statutes of limitations also apply to criminal cases, but their duration depends on the severity of the crime. For instance, in California, misdemeanors typically have a one-year statute of limitations, while felonies generally have a three-year limit. However, serious offenses like murder typically have no statute of limitations.
- Claims Against Government Agencies: These usually have much shorter deadlines and additional requirements, such as submitting a formal claim to the agency within a specific period (e.g., six months in California).
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Exceptions to the rule: In some circumstances, the statute of limitations may be extended or "tolled" (paused).
- Discovery Rule: If the injury or cause of action is not immediately apparent, the time limit may start from the date it was discovered or should have been discovered with reasonable efforts.
- Minors or incapacitated individuals: The statute of limitations may be tolled until the person reaches adulthood or regains capacity.
- Fraudulent concealment: If the defendant deliberately hides their wrongdoing, the statute may be tolled until the plaintiff discovers the fraud.
- Defendant leaves the jurisdiction: In some cases, if the defendant leaves the state or country, the statute of limitations may be paused until their return.
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