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So what is a ‘statue of limitation’? and how do you avoid violating it?

Posted by Ramin Montakab | Apr 29, 2021 | 0 Comments

For all Personal Injury claims, there is a statute of limitations. A statute of limitations is a time limit in which a person must take certain legal action. If the plaintiff does not take the specific legal action by this time period, his or her claim can be permanently barred from being heard. A statute of limitation is in place to ensure that convictions are based upon evidence (physical or eyewitness) that has not deteriorated with time. In civil law, the legal action that is required is usually filing a lawsuit. According to California's Code of Civil Procedure, a personal injury victim must generally file a claim within two years of sustaining the harm. This means that the plaintiff usually has two years in which to file a personal injury lawsuit from the date of his or her injury.

There is a special rule when the plaintiff did not learn about the harm until later. This rule is called the “discovery of harm” rule. It applies when the personal injury victim is not aware that he or she has sustained an injury. The victim may not be able to determine the exact extent of their injuries caused by an accident and may not realize this information until much later. In these instances, the clock does not start ticking until the victim actually discovers the injury. In this sense, the victim has longer to file the lawsuit. However, he or she may have to establish that the injury was not established until a later date. Medical records can provide crucial information on this subject.

After the statute of limitations, it becomes difficult to receive compensation for your injury. To avoid violating the statute of limitation, find an attorney and discuss your claim as soon as possible.

RTM Law mainly focuses on Personal Injury claims but for your reference here is the statute of limitations for some common types of legal disputes:

  • Remember that for personal injury claims you have two years from the injury. If the injury was not discovered right away, then it is 1 year from the date the injury was discovered.
  • Breach of a written contractFour years from the date the contract was broken
  • Breach of an oral contract: Two years from the date the contract was broken
  • Property damage: Three years from the date the damage occurred.
  • Claims against government agencies: You must file a claim with the agency within 6 months of the incident.

To learn more or discuss your case contact Ramin Montakab at RTM Law as soon as possible for a 15-minute consultation, we'll go over your case and put together the best strategy personalized for you.

About the Author

Ramin Montakab

 Ramin T. Montakab has been in the legal industry since 2008, starting as a litigation consultant. His practice has primarily focused on business and real estate litigation. Mr. Montakab litigated at mid-size and national litigation firms, representing fortune 500 ...

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