Statute of Limitations
In every civil or criminal courts case, there is a statue of limitations. The Cornell School of Law defines the term “statute of limitations” as any law that bars claims after a certain period of time pass after an injury. The period of time varies depending on the jurisdiction and type of claim.
Another way to define statute of limitations is that it is a time limit to file your claim. If you do not file your claim in this time frame your claim will be barred. A statute of limitations exists for civil and criminal causes of action and begins to run from the date of the injury or when it was discovered.
If your statute of limitations is about to run out on your unfiled claim, it is advisable that you contact an experienced attorney.
Statute of Limitations Los Angeles Lawyers
Do you have a civil law issue that you want to file? Are you unsure when and how you can go about doing so? If so, then it is in your best interest to contact the practiced attorneys at Yarian & Associates, APC. You only have a limited time to file your claim. The attorneys at Yarian & Associates, APC can help you every step of the way.
The statute of limitations is a time limitation for bringing your lawsuit to reality. Each civil or criminal case is different with a different statute of limitations. Some statutes of limitations are written within legislation and others are incorporated in jury instructions. You need an attorney who is well-versed in California law so that you do not miss an opportunity to file your claim.
Our attorneys at Yarian & Associates, APC have decades experience litigating for clients Yarian & Associates, APC files claims for clients throughout the greater Los Angeles County and Tulare County area and nearby communities including Visalia, Long Beach, Los Angeles, Irvine, Riverside, Fresno, and San Bernardino.
Call (844) 291-1911 or submit an online contact form today for a free consultation.
Overview of Statute of Limitations in California
Statute of Limitations for Common Types of Legal Disputes
A statute of limitations is a deadline for filing a claim. The period of time depends on the type of legal claim. Below are some statutes of limitations for some common types of legal disputes:
- Property Damages – Three years from the date the damage occurred
- Breach of a Written Contract – Four years from the date the contract was broken
- Breach of an Oral Contract – Two years from the date the contract was broken
- Personal Injury – Two years fafterthe injury. In some cases ,if the injury was not discovered right away, then it is 1 year from the date the injury was discovered.
For incredibly severe cases there is no statute of limitations. An example of this can be murder, which can be tried at any time. It is best to contact a lawyer to find out the specific statute of limitations for your case. Not all statutes follow the standard, and sometimes exceptions can be found by circumstance.
Common Statutes of Limitations
The law for statute of limitations is found in California Code of Civil Procedure Sections 312-366. The table below outlines the most common time periods for starting lawsuits also known as filing a claim.
|Type of Case||Statute of Limitations|
|Injury to a Person – If a defendant hurts the plaintiff without intending to. Examples: wrongful death, battery, negligent act, wrongful act, etc.||2 years – from the date of injury|
|Damage to Property – If a defendant damages your property without intending to. Examples: fraud, nuisance, crashing your vehicle, etc.||3 years – from the date of property damage|
|Oral Contracts – If a contract that wasn’t in writing is breached. Examples: canceled checks, receipts, etc.||2 years – from the date the contract was breached|
|Written Contracts – If a contract is breached that is in writing. Examples: overtime violations, wrongful termination, denial of PTO, etc.||4 years – from the date the contract was breached|
|Against a Health-Care Provider – If the plaintiff experienced medical malpractice. Examples: prescription errors, surgical errors, birth injuries, etc.||1 year – from the date of injury (changes to 3 years in some cases)|
|Libel or Slander – If a defendant defames the plaintiff in print, writing or pictures. Examples: defamation.||1 year – from the date of released information|
|Against a Bank – If a bank paid on a check that was signed without authorization or where the signature was forged.||1 year – from the date the bank paid out the funds|
Statute of Limitations for Government Entities
If you are going to sure a government entity or agency, you must file a specialized claim called an “administrative claim.” There is a specific form to file for an administrative claim. The statute of limitations is significantly smaller than standard statute of limitations.
For personal injury or personal property damage claims, you must file your administrative claim within six months of the date of the injury. As always, there are a few exceptions if you look at California Government Code sec. 906 and sec. 911.2.
For a breach of contract and real property cases, your administrative claim must be filed within one year of the date the contract was broken or the real property damage occurred. There are also a few exceptions to these as well.
Government claims statute of limitations can be complicated. It is highly recommended that you get in contact with an experienced attorney. An attorney can use their resources to find the correct statute of limitations and see what the best procedure to file your claim is.
Statute of Limitations – Visit the website of the California Courts. See directly the statute of limitations of common legal disputes in California. Read the specifics on how government claims are processed, what tolling the statute of limitations, and get resources on which California Codes list statutes of limitations.
Find a Attorney for your Claim’s Statute of Limitations
A statute of limitations gives you a small window to file your claim for damages. You deserve compensation for your damages and a lawyer who is on your side. The attorneys at Yarian & Associates, APC are experienced in California law and litigation.
Yarian & Associates, APC has over two decades of experience in handling claims with differing statute of limitations. Our attorneys are passionate about advocating for our clients. We have handled numerous personal injury and employment law cases with very promising results. Yarian & Associates, APC files claims for Californians all throughout the California Central District Courts and adjoining cities including Long Beach, Los Angeles, Glendale, Fresno, and Hurlington Park.
Call (844) 291-1911 or submit an online contact form today.
This article was last updated on June 20th, 2018.