In California, as in other states, there is a statute of limitations. The statute of limitations identifies the time period in which legal action must be filed. For personal injury claims in California, that length of time is two years from the date of the injury. The function of the statute of limitations is to ensure that lawsuits are timely filed, so that evidence is not lost and witnesses don’t forget, move away or even die. As a general rule, if the statute of limitations has expired, the injured person (plaintiff) may not file a lawsuit to recover for losses. There are exceptions, though.
The “Discovery” of the Injury
In most jurisdictions, if you are not aware that you have been injured, the statute of limitations does not start to run. It will only do so once you have discovered your injury. For example, if you drinking water was contaminated and you developed cancer, but you never knew that carcinogens were leeching into your groundwater, the clock would not start to run on your lawsuit until you did learn of your condition.
The Injured Party is a Minor
Most states allow a minor to “toll” the statute of limitations until he or she is 18. Tolling the statute of limitations simply means suspending the ticking of the clock on when you must file.
Incapacitation of the Injured Party
In California, the statute of limitations can also be tolled by the incapacitation of the injured party. This may be mental or physical incapacitation.
Contact the Law Offices of J. Lewis & Associates
To discuss your legal needs with an experienced Riverside tour bus accident injury lawyer, contact our office online or call us toll-free at (951)-682-0488. There is no charge for your initial consultation. Se Habla Espanol.