How long do I have before filing a claim?
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How long do I have before filing a claim?
Asked on August 22, 2013 under Personal Injury, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The deadline for filing a lawsuit is known as the "statute of limitations". In other words, most lawsuits must be filed within a certain amount of time. As a general rule, once the S/L runs out on a case, the legal claim is no longer valid. The period of time during which you can file a lawsuit varies depending on the type of legal claim involved. In CA, there is a 2 year S/L from the time that the injury was suffered. If the injury was not immediately known, then it is 1 year from the date the injury was discovered.
That having been said, sometimes the S/L is suspended (“tolled”) for a certain period. For example, tolling happens if the plaintiff (i.e. victim) is a minor, or if the defendant is out of the state, in prison or is legally insane. When the reason for the tolling ends (the minor turns 18, the defendant returns to the state, gets out of prison or is no longer insane), the statute of limitations begins to run again.
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