Things to Know About the Statute of Limitations in California
What Does it Mean?
Statute of limitations in California is the time limit provided by the law for a plaintiff to file a lawsuit. Once this period has expired, the victim will lose his or her leverage to recover claims and the court could dismiss the case. In California, the limit is only up to two years to file for personal injury claims. Here are the personal injury cases where this is applied to.
- Dog attacks
- Vehicle accidents
- Product liability claims
- Slip, trip, and fall accidents
This 2-year limit does not apply to medical malpractice cases. It was given 3 years upon the date of the injury. On the other hand, cases that involve contracts have different period limitations as well. These cases could consider and allow filing a lawsuit for up to 4 years.
To make it fair for all parties, the statute of limitations was implemented. This is to ensure that all elements like pieces of evidence and witnesses still exist within a reasonable period to provide justice for the case. The time limit encourages the plaintiff to file a lawsuit or civil action while these elements of the case are still available. These elements or factors will provide stronger support to the case. It also gives protection to avoid defending stale claims.
Application by California Courts
Personal injury and Property Damages are the most common cases where the California courts apply this limitation in filing a personal injury lawsuit and claim.
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