Each state has different laws for how long you have after the injuries or the damages occurred, to file a lawsuit. Different States have different time limits, depending upon the situation. So how long do you have to file a lawsuit in California? The answer to these questions requires consideration of several determining factors. When you are first deciding to file a lawsuit you should look up the statute of limitations for the type of case you are filing for a make sure the time limit is still valid.
Statute of limitations in a term used to describe the deadline a person has for filing a lawsuit. Most lawsuits must be filed within a certain amount of time from when the injuries or damages occurred. This is to ensure that evidence supporting a case, i.e. physical or eyewitnesses, have not deteriorated over time.
Contractual agreements are often breached which leads to lawsuits. The two main type of contracts are oral and written; each with their own statute of limitations. Written contracts have a time limit of four years, while oral contracts have a limit of two years. Written contracts are easier to track down and prove, while oral contracts may be more difficult to establish with fading memories, and witnesses, which calls for the shorter statute of limitations.
Other cases such as injury or property damage have a relatively short statute of limitations because of the amount of physical evidence needed to prove the crime. The statute of limitations for injury is two years, while property damage is three. Lawsuits that are brought against contractors, builders, or architects are often filed for defects in property design which can cause injury to property or a person. If these causes are known to those who built or designed the property the statute of limitations is four years, if this defect is not was unknown the statute of limitations is ten years.
Lawsuits can also be filed against certain agencies or businesses. If a lawsuit is filed against a healthcare provider the statute of limitations must be brought within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, or within three years of the date of the injury, whichever comes first. If you are filing a lawsuit against a bank the statute of limitations is one year. If you are filing a lawsuit against a government agency or office, the statute of limitations varies between six months and one year. If the lawsuit is for personal property, injury, or death, the suit must be filed within six months, if the lawsuit is a breach of contract or real property damage, it must be filed within one year.
The statute of limitations on lawsuits is different for every situation, so make sure that you do your research and talk to a lawyer when deciding to file a lawsuit. If you have questions about the statute of limitations on a certain crime or if you need a lawyer, give us a call or fill out our contact form so we can help you emerge victorious.