Explaining the Statute of Limitations

San Diego Personal Injury Lawyers
Explaining the Statute of Limitations

When someone is injured by another person, the injured party has legal rights that include the filing of a California personal injury lawsuit.  However, there are time limits involved with this legal right, and this time limit is generally known as the statute of limitations.  Below you’ll find information regarding the length of the statute of limitations for different types of personal injury claims as well as the reasoning behind this type of time limit.  If you have been harmed by someone else, seek the help of San Diego personal injury lawyers as soon as possible.

California Statute of Limitations – Different Types of Claims

Different types of personal injury claims involve different lengths of time allowed to bring a case against a defendant.  Below are the time limits for these California personal injury lawsuits:

• Negligence/Personal Injury – Two years
• Medical Malpractice – Three years
• Professional Malpractice – One year
• Defective Products – Two years
• Assault and Battery – Two years
• Libel/Slander – One year

It should be noted that California adheres to the discovery rule, which basically states that the statute of limitations begins to run against the statutory time limit when an injury either was discovered by the plaintiff or should have been discovered.

Reasons for a Statute of Limitations

Many people who have been harmed by someone else do not completely understand why a statute of limitations is in place in regards to their type of claim.  There are several reasons for this time limit.  For instance, as more time passes, the less reliable witnesses’ recollections of events tend to be, thereby making their testimony less sound.

In addition, the nature of many types of physical evidence can be compromised after several years have passed, thereby making it difficult for a judge and jury to come to a fair decision on a legal claim.  Finally, the potential defendant in a lawsuit needs to know that at some point, the threat of being sued has passed so that he or she can move on with life.

While these may not seem like completely compelling reasons for a statute of limitations to exist, there is also the consideration that this time limit helps to keep court dockets from becoming even more crowded than they already are.  Therefore, people who have been harmed by someone else need to waste no time in learning more about their legal rights and options.

If this includes you or someone you love, do not wait until the statute of limitations could soon eliminate your ability to bring a legal claim.  Instead, contact the San Diego personal injury lawyers at Mitchell | Gilleon today to schedule a free initial consultation.