Statute Of Limitations

February 26, 2020

The statute of limitations is designed to limit the amount of time people have to file a claim against the party they believe is at fault for losses experienced due to serious damages. There are a variety of limitations. These will be administered depending on the type of case you are dealing with.

Bodily injury. Plaintiff is given a 2-year statute of limitations for any injury caused by Defendant. This includes:

Property damage. If Defendant has damaged or destroyed your property, you will be given a 3-year statute of limitations to file a lawsuit against them. This includes:

Your vehicle getting damaged due to a collision that was caused by Defendant.
Defendant going on your property without your permission.

Libel or slander. If Defendant tarnishes your image in writing, pictures, print or verbally, you will be given a 1-year statute of limitations.
Broken contracts. There are two forms of contracts that can be breached. This includes:

Oral. This is a contract that is not written down by you and Defendant. It is more of a verbally constructed agreement. If Defendant breaks the verbal contract, then you will be given a 2-year statute of limitations to file a claim against them. To show proof of an oral contract being made, you should provide any form of writing, such as a receipt or canceled check.
Written. If you and Defendant have made a written contract and Defendant has breached it, then you will be given a 4-year statute of limitations to file a claim.

A statute of limitations will begin on the initial date of the incident. Under some circumstances, Plaintiff may be granted exceptions. If Plaintiff is not aware of the issue until days, weeks, or even months later, they will have the statute of limitations start on the realization date. If the victim is not 18 years old or older, then the statute of limitations will not begin until they are of legal age. Once Plaintiff is 18 years old, they will be given the established time period to file a lawsuit against Defendant.

West Coast Trial Lawyers Is Here To Help
To get a better understanding of the amount of time you are given to file a lawsuit against Defendant, it is highly recommended for you to speak to an attorney. West Coast Trial Lawyers has attorneys with extensive experience in handling personal injury cases. We will provide you with legal information in regards to the statute of limitations that is applicable to your case. Additionally, we will assist you with the filing process to make sure you are doing the appropriate steps to take action against Defendant that has harmed you, whether it be financially or emotionally.

Our services do not involve any financial risks. You will not be charged with fees until your case has been won or settled. To schedule a free, no-obligation consultation at our personal injury law firm, please contact our 24/7 legal team by calling (213) 927-3700 or emailing [email protected]