Depending on whether you’re a potential plaintiff or defendant, you may either love or hate California’s statutes of limitation. A statute of limitation is a law created by the legislature that sets a specific period of time in which a claim can be brought, and vary from state to state. Different time limits will apply to the different legal bases that are alleged in a lawsuit. As you’ll see from the following general examples, these California time limits can vary greatly:
- A breach of contract lawsuit must be brought within 4 years from the date of breach if the agreement is in writing, or within 2 years if you had an oral agreement, but it may be possible to shorten the period by contract
- A claim for fraud must be filed within 3 years from the date the fraud was actually discovered
- A defamation case (libel or slander) must be filed within 1 year
For the most part, these are strict time limits, so if a case is filed with the court after time has run out (even by just one day), then the defendant can assert that the claim is barred, leaving the plaintiff out of luck. Even so, sometimes it’s possible to “toll” the statute of limitations period. If tolled, time is essentially paused. There are several different situations when time can be tolled, and one common example involves minors. For instance, if the would-be plaintiff is still a child when the claim arises, then this is considered a legal disability and the limitations period will be tolled until the minor turns 18 (in most cases), although a parent may prefer to file on behalf of the child instead of waiting. In addition to tolling, an exception to the statute might apply in your situation. Also keep in mind that the limitations period is often much shorter when suing the City of San Diego and other government agencies.
What’s more, depending on the circumstances, there isn’t always a black and white answer as to when the clock should start ticking. In a personal injury case, it may be obvious when the date of the injury occurred. Then again, what if it’s the type of injury that isn’t immediately apparent? Here, the limitations period starts when the injury was (or should have been) discovered, which may be arguable under the facts, but this “discovery rule” doesn’t apply to all types of claims. While all these time limits may seem arbitrary, there are practical and policy reasons behind these deadlines. The sooner a lawsuit is filed, the better the chances of gathering important evidence, not to mention that your memory and that of any witnesses will be fresher and probably more reliable than if you wait seven years to start your case. From a public interest standpoint, it’s unfair to allow the threat of potential liability to hang over someone’s head for the rest of his or her life; meanwhile a plaintiff shouldn’t be allowed to sit on his or her rights for years on end after suffering an alleged injury or harm.
As you’ve probably guessed by now, there are times when the seemingly simple task of applying the statute of limitations to your case can turn into a complex legal analysis, but we’ll carefully research these issues when bringing or defending your case. If you’re a potential plaintiff, then it’s crucial that you do your part to get your case started well before your claim expires to protect your rights. We’ll advise you early on and help you avoid potentially costly missteps that can happen when communicating with insurance companies or others whose interests conflict with yours, even when they seemed to be on your side. To reach San Diego Law Firm’s experienced attorneys for help with your litigation, business dispute, or personal injury matters, call us at (619) 794-0243.
Twitter It!
