Within the legal field, the statute of limitations refers to the period of time that a person has to file a legal process, from the moment they suffered an accident, injury, or offense from a third. If this time comes to an end and the person did not initiate legal action, then he will lose all right to do so. Also, the victim will no longer have the opportunity to request compensation for damages.
In the state of California, the statute of limitations for most car accidents is two years from the date of the event. That is, if you were involved in a car accident on May 10, 2022, you will have until May 10, 2024, to file a lawsuit. However, some situations can either shorten or lengthen this statute of limitations, and it is essential to be aware of this. So next, we will explain the requirements are some of these exceptions.
When the lawsuit is against a government entity.
Let's say your car accident was a collision with a police car; in this case, the statute of limitations will only be six months from the date of the accident. Therefore, it is crucial to have an experienced lawyer who can advise you in time so that you do not lose the right to compensation.
When the injured victim is a minor.
In these types of cases, the two-year period of the statute of limitations will begin to run when the minor has reached the age of eighteen. When he or she is of legal age and more aware of the decision-making process.
When the accused person is not available.
If the defendant was in prison, out of state and/or country, or was not in control of his mental faculties, the time of the statute of limitations would not start running either. The time would start running when this situation was reversed, and the culprit was available and in use of his mental faculties.
In these situations, the statute of limitations is shortened to one year. The law takes these cases as unique due to the nature of these types of lawsuits.
If you or a loved one has been involved in an accident and/or situation that resulted in personal injury, contact us today. We will review your case in detail and help you start a legal process in a timely and professional manner.
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