Personal Injury LawyerExceptions to the statute of limitations in California

December 29, 2020by Shamis & Gentile P.A.
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When it comes to the statute of limitations in California there are certain exceptions. In legal terms, this is known as “tolling” and is essentially just a delay. This normally occurs when the potential plaintiff is incapable of filing a lawsuit. These include:

  •         If the plaintiff is less than 18 years old.
  •         If the plaintiff is declared mentally incompetent.
  •         If the plaintiff dies within six months of the end of the statute of limitations.
  •         If the plaintiff is in prison, the statute of limitations tolls until their release or for two years-whichever is sooner.
  •         If the plaintiff is performing military services.

Many citizens of California are unsure of the statute of limitations and the exceptions. Fear not, Shamis and Gentile, P.A. are here to help.

Common questions asked about the statute of limitations in California.

In every state as well as California, statutes of limitations may differ based on circumstances and the type of injury. In California they range from one year to 10 years. The point at which an incident takes place is when the clock starts ticking.

What are the statutes of in California?

  •         Personal injury.
  •         Property damage.
  •         Libel or slander.
  •         Fraud.
  •         Oral contract.
  •         Known real property damage.
  •         Medical malpractice.
  •         Legal malpractice.
  •         Debt collection.

How long can statute of limitations be tolled?

This will be based on circumstances and are available as part of the category of “non-economic damages.” For example, if a defendant leaves the state for work, or another valid reason, the plaintiff will be given an extension on the statute of limitations for the number of the days that the defendant was away.

Is there a statute of limitations on pain and suffering?

Pain and suffering caused by car accidents, slip and falls, wrongful death, assault or negligent infliction of emotional distress all falls under a personal injury statute of limitations.

Can you get an extension on a statute of limitations?

As mentioned above there are certain exceptions to get an extension, however this is does not occur often and without a valid reason. If you miss the deadline, you no longer have a legal claim.

What is the statute of limitations for breach of fiduciary duty in California?

This is subject to certain exceptions. The California statute of limitations on a breach for fiduciary duty claim is a maximum of four years.

The exceptions to the statutes of limitations for personal injury lawsuits may differ in every state, as well as California. 

Are you ready to file a personal injury lawsuit? Contact Shamis and Gentile, P.A. today for professional legal advice

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